INDEX

ACADEMY AND SCHOOL FUNDS.Academy, commissioners liable to pay

interest .... 451funds, persons having to pay in-

terest .... 451ordinary's account submitted to

grand jury . . . 45'2

real estate of, no tax on . 457surplus Co. funds may be used for 451teachers' account, state number of

days . . . 452, 457teachers' account sworn to . 452

School commissioner, authority of . 457compensation of . . 457duty of ... . 454must pay teachers . 455, 457ordinary appointed . . . 456ordinary, tx officio . . 454pay claims, pro rata, when . . 457pay of . . , . 454, 457to require list of children entitled

to . . . . 457when to pay teachers . 455, 457

School fund, ages of children entitled

to . . . 452, 454, 457act given in charge to grand jury 453amount of bonds redeemed to en-

large.... 459bank stock set apart" for perma-

nent.... 452, 444children entitled to, receiver of tax-

returns to make out list 456, 458in county to participate 488

common, changed to poor-schqol 452not to lose proportion of . . 453deposite€l by governor upon certain

conditions . . . 459disbursed under existing laws, when 257division of, how made . . 454governor to substitute bonds . 458grand jury and ordinary to disburse 457how increased . . . 458how used in Chatham county . 457inferior court may raise tax to in-

crease.... 458list of children entitled, delivered

to clerk of inferior court . 456

$100,000 appropriated for 457, 459

Academy and School Funds.

ordinary may make rules

may withholdto be treasurer of .

to furnish account of

to levy extra tax for

452458458458452

to report having received 45S

to report to treasurer the

number of children ia

counties before distribu-

tion of . . . 453permanent, created . . 454permanent, under management of

State treasurer . . . 454surplus to go to teachers . 456teachers to have certificate fromboard of examiners . . 458

used for instruction in elementarybranches .... 457

warrant in favor of ordinary, on 458

Forms.

Advertisement by scliool commis-sioner .... 4^3

Bond of ordinary, as treasurer of

poor-school fund . . . 459

School commissioners'' order for funds 455

Teachers' account . . 455

ACTIONS. [See Limitations, ^c]

ADMINISTKATORS. [See Executors, See.]

ANSWER. [See Declaration, <^c.}

APOTHECARY. [See Phjsidan, ^c]

APPEAL. [See Verdict, ^«.]

ARBITRATION .

award conclusive. award vacated

books, &c. , to be producedcontroversies submitted to .

costs, how taxedfees of clerk .

227229229228227229

229fraud, suggestion of, how madeand tried . . . .229

844 INDEX.

Arbitration.interrogatories, how directed

meeting, time and place of .

neglect not to cause delaynotice of .

oaths administered to witnesses

submissions to, to be in writing

subpoenaswitnesses, list of . .

pay of

who may beArbitrators, oath of

powers of . . .

number of .

may adjournhearing may be postponed .

compensation of .

award of, returned, &c.

award, effect of .

absence of, how supplied

Forms.Award of arbitrators .

Notice to the parties

Oath of arbitrators

Order by the courtSubmission to arbitration

228228228228229228228228228228229228228229229229229229228

230230230232230

ATTACHMENT AND GARNISHMENT,act of 1854, repealing section .• 289

when operative . . 289act of 1856 extended to city courts . 290administrator made a party . 285affidavit of plaintiff, how travers-

ed . . . . .285agent or attorney may make . 279against executor or administrator 290amendments allowed . . 289appeal allowed by either party 285bond must be given . . 285bond of agent or attorney for princi-

pal .... 279bond of plaintiff . . 279certiGcate to be issued to purchase

stocks

.

. . .291city courts, 47th section applied

to . . . .291claim allowed . . . 285claim, how tried . . 286claimant's oath . . . 285co-partner, proceedings against 283co-partners, attorney may repre-

sent .•

. .279debt not due, execution stayed 283, 284declarations in, not to be dismissed 289deed of conveyance, vendor must

file .... 284defendant, death of, scire facias

must issue . . . 280defendants may replevy . . 285defendant's property, when judg-ment binds all . . . 286

directed, how . . . 280dismissed or discontinued . . 289duty of oflScer in returning . . 280execution, how levied . . 286executor made a party . . 285$50, jurisdiction extended to .291

Attachment and Garnishment.foreign corporation, against . 285forthcoming bond, claimant may

execute .... 286forthcoming bond, officer to return 286forthcoming bond, suit on . . 286hire, plaintiff may sue for . 286how directed, in city courts . 290how directed in justices' courts 287

how long levied before city court 290interrogatories, clerk's or justice's

duty . . . .283interrogatories, commission annex-ed . . . .283

interrogatories, how served . 283interrogatories may be filed . 283in what cases may issue . . 279joint contractor, proceedings against 283judgment, execution . . 287

extent of . . . 283how entered up . . 286on replevy bond . . 281

satisfaction of . . 284

justice's court, jurisdiction of . 291

levied, on what . . . 279

levy and sale . . . 287on property of stockholder,

how made . . 291

levying officer, duty of, in return-

ing claim . . 286lien not affected . . . 289may issue for damages . . 289

money, how paid out . . 287

raised, disposition of . 284

non-resident plaintiff, how sued . 289

notice of, by whom served . 290

notice of plaintifi'to defendant, howserved . . . 283

officer must levy . . . 280

over $30 returnable to superior andinferior courts . . 280

parties, how made . . 284

party, death of either . . 284

pendente lite . . . 284

persons, how garnisheed . . 290

how to answer . . 290

plaintiff, death of . . .284may recover of claimant . 286

to defendant, notice of . 283

property, how advertised and sold 281

in different counties, officers'

duty . . .280levied on by judge of city

court . . .290of stock-holder, how sold . 291

perishable—sold by order 281

removed, officers' duty . 280replevy .... 285

bond . . . .281judgment on . . 285

returnable to city courts . . 290when . . . 280,291

sale, proceeds of, how disposed of, 281, 282scire facias, how served . . 285

must issue . . . 284to make parties . . 290

security against principal, form of

proceeding . . . 284

INDEX. 845

Attachment and Garnishment.security or endorser against princi-

pal . . . . 284service of levy on stock-holder, how

perfected . . . 291

stock-holder, interest of, attached, 291attachment returned, subsequent

proceedings . . . 283Sunday, issued on, what to be done 283swear, how agent or attorney may 279ten days substituted for twenty 291transfer of stock void . . 291traverse not to delay judgment on

declaration . . . 289under |530 returnable to justices'

court . . . .380vendor of land against vendee . 284vendor's judgment, lien of . . 284when not void . . . 287where returnable . . . 291who may issue, etc. . . 291witness may be examined, how . 290

Garnishee, answer of . . 287answer traversable . . . 282attend and answer, and at whattime . . . .288

bond of, judgment on, how enteredup . . . . . 288

continuance allowed . . 282failing to answer, case continued, . 282non-resident, how examined . 281

how served . . . 288officer's duty, serving summons 282property of, advertised and sold . 282refusing to deliver property . 282return made by officer on service ofsummons.... 288

when and where to answer . 291Garnishment, affidavit as to amount

claimed . . . 281affidavit, bond, summons, officers

must serve copy and make return 288affidavit of agent or attorney-at law 287appeal allowed . . , 282appeal, proceedings upou . . 283appeal, trial of . . . 282at common law . . . . 287bond to be given by plaintiff . 287case in justices' court . . 282damages . . . .

' 289defence, by defendant or attorney 283dissolved, how may be by defendant 288execution for amount of judgment 282how obtained . , . 287judgment against . . , 282judgment, final, against garnishee 282juries, oath of . . . 288levy, what must include . 282

. mechanics' wages exempt from . 292number and gender . . 288proceeds of sale, how held . 282process of money, how paid out . 288sale of the property . . . 282service of, same as attachment . 285summons of magistrate must issue 287

service of . . , 281of, to issue . , . 281of, when returnable . 287

Attachment and Garnishment.traverse, how tried .

verdict of jury .

Forni.^.

Advertisement by levying officer

Affidavit to obtain attachmentAnswer of garnisheeAttachment

moved for on SundayBond given by plaintiff

to dissolve garnishmentunder affidavit

Claim bond ....of property attached

Declaration in attachmentForthcoming bond given by claimantGarnishment, entry upon bond and

affidavit ....Garnishment pending suit, or after

judgment ....Making parties

Notice of defendant of the pendencyof the attachment

Oath in case of application for attach-ment against foreign incorporation

Order of sale of perishable propertyReplevy bondEeturn of officer levying attachment,and serving summons of garnish-ment ....

Summons of garnishment .

282282

294292295292296292298298297297293297

295

298296

296

296294293

295295

ATTORNEY-AT-LAW.Act of 1812 re-enacted . . 86Attorney, applicants from South Car-

olina . . . .87defaulting, stricken from roll . 89how admitted . , .89may not testify for or against

client . . . .91must answer in equity . 92non-resident, pay costs in ad-vance , . . .89

practising, may be justice of thepeace . . . 93

of Alabama allowed to practise 91study required, no particular time 89qualification of, from other States 90contracts, professional, when void 90costs, attorney liable for . 88

in certain cases . . 88defendant insolvent . 89plaintiff non-resident . 89

forfeiture for transferring fee note 90liability for contracts . . 91license, clerks' fee for . . 90judges superior court prohibited

from practising, except incertain cases . . 90, 91

qualification as to age not required 91

ForniM.

Certificate of character . . 92Commission . . . .92Form of application and admission 92License of an attorney from another

State or territory . . 93Oath of the applicant . . 92

i ,

r

846 INDEX.

ATTORNEY AND SOLICITOR-GENERAL,account annually with county treas-

urer .... 161annual reports must make . 160bond, where filed . . .160cases settled by consent . 162comp. gen. to report neglect of .160condiiions of bond . . 160costs, amount of. on settlement . 162defaulters may be imprisoned 160duty of . . . . 159elected by people . . .162election, time of . . 162fees, demanding in advance, punish-

able 162how commissioned . . 162may be ruled . . . 1 60

minor offences, may be settled 162must give boad and security 160must reside in district . .161nolle pros, none until fees paid 161vacancy, how filled . . 162when absent, may appoint /?ro few. 159when ruled, who may prosecute 160

Fornift

rSolicitor-generaPs bond . . 160

BAIL IN CIVIL CASES.action may be commenced . 138act of 1857, substantial compliance

with sufficient , . .142affidavit, subject-matter of . 131agent or attorney may hold to

bail . . . .137all bail special . . , 132amount of claims, plaintiff mustmake oath as to . . 131

amount of claim to be endorsed 132arresting, officer's duty where bail

not given , . . 136attachment and bail required on

Sabbath . . . .137bail-bond payable to plaintiff 138

as if required at commence-ment of action . . 136

in actions ex delicto . 141in actions of trover, <fec. 139required before debt due . 138

bond and security for maintenance 137cause may proceed in certain cases 142<ca. sa. issued against defendant 132clerk's duty . , . .135continuance, none allowed . 136declaration filed at appearance term 142•defendant, how dealt with . 136

not giving bail, to be convey-ed to jail . . .136

sherilt must arrest, and takebail . . ,142

defence allowed . . . 132>itinerent person, constable may fol-

low . .. . 135sheriff may follow . 135

judgment stayed . . 138keeper of jail must receive prisoner 137•new bail taken where principal has

been surrendered ^ • . 139

Bail in Civil Cases.

non-resident deft. , how served . 136deft., liability of . . 136

order for bail, granted by justice of

L C. . . . 141granted, effect of, in cases

sounding in damages . 142

pendente lite, bail, may be required 135proceedings permissive, not oblig-

atory . . . 142process and copy-affidavit served on

defendant » . 142clerk must annex . 135sheriff must serve . ,135when sheriff must execute 13d

refusal to give bail, deft, committed 132sci. fa. against bail . . 132security, liability of . . 140sheriff's duty ... 132special bail, sheriff made in certain

cases . . . .132surety or endorser making affidavit,

suit must commence . 142surety or endorser, discharged from

liability . . .143

Fornts.

Affidavit of plaintiff in trover . 140of surety . . . 143where bail required before

debt due . . 138requiring bail . .132

Bail-bond . . . 133Pendente lite . . . .136Bond for maintenance and prison

fees ..... 137

where new bail taken . . 138Capias ad satisfaciendum . .133Declaration in trover . . 140Endorsement on petition and process 138Exceptions to bail-bond . .133Exoncretur . . . 184Order by justice of inferior court . 142Recognizance . . . 141

Return by the sheriff on back of writ 133^S'ceVe/acMS against bail . . 134Surrender of principal by security to

sheriff . . . .133The declaration . . .148

BANKS AND INDIVIDUALS— STOCK-HOLDERS.

Banks refusing to pay specie must payten per cent, damages . . 768

Stock-holders, liability of, how longcontinue . . . .768

BASTARDY.adultery, {parties guilty of bound

over . . . S37bastardy, bond how recovered upon

and appropriated . 538bond when and where re-

turned . . . 538exculpatory testimony . 538

father, proceeding against . 537women failing to comply with

«,c>t . - . 537

INDEX. 847

Bastardy.Forms.

Bond given by defendant to appear at

superior courtBond given by the mother of a bas-

tard child

Bond of indemnity given by th-e re-

puted father

CommitmentExamination after the birth of a

child ....Yohmtary examination of a woman

with child of a bastard

Warrant against reputed father

Warrant to bring a woman suspected

of bastardy before a justice of the

peace . . . .

541

641

540540

588536

539

BILLS OF EXCHANGE.&fC.]

[See SpeciaWes,

BIRTHS MAY BE EECORDED.to be registered . • 769clerk's fee for registering .

*769

must register as required . 769registry made evidence . . 769

BONDS. [See Specialties, Sfc]

BRIDGES. [See Roads, Sfc]

BURYING GROUNDS.injuries to, how punished • . 769may be reserved from sale . 169must be protected . . 769

CAYEAT. [See Wills, Sfc]

CERTIORARI AND INJUNCTION.act of 1811, 5th section repealed . 180certiorari, bond and security given

on application for . 179clerk must keep docket 180costs, certificate of payments, 179damages allowed for frivolous 183final decision, judge maymake . . . 181

how applied for and granted 178petition for, how directed . 180none granted unless support-

ed by affidavit . -183supersedeas . . 181tliree months allowed to ap-

ply for r . .184writ how to be had . 180writ of clerk to issue . 180writ of, when returnable , 180writ, sherilf must serve . 180

injunction, bond and security on ap-plication . . 179

judge may grant, at discretion 180judge may not grant, out of

his district . . l79, second may be granted . 180

not to be granted, when 180service of rule on non-resi-

dent . . . 179surety must justify . 179

Certiorari and Injunction.

when argued, amended, etc. 179

Forms.Bond of the applicant for certiorari . 181

Certificate of the payment of cost 182Exceptions presented to court . 178

Notice .... 184Notice to the opposite party . . 179Petition for certiorari . . 181

Return of tlie justices of the peace 183

Writ of certiorari . . . 182

CHANCERY . . . .163

CHANGE- BILLS, etc.

act of 1810 repealed, in part . 770each issue a new offence . 770grand jury present ofltenders . 770innocent holders exempt . 770making and issuing change-bills,

how punished . . . 770solicitor-general prosecute . 770who liabltj .... 770

CHURCH LOT, SUED FOR . . 497

CITIZENSHIP AND RESIDENCE.affidavit must be made . . 440party plaintiff, who may be . , 440petition for process and service 440proved, what, on trial . . 441residence, hov/ determined . . 443special jury, question tried by . 441

superior court to have jurisdiction . 440verdicts, two concurring . . 441

Forms.Affidavit of the plaintiff . . 441Answer of the defendant . . 442First verdict of the jury . . 44iJudgment of the court . . 442Petition under statute of 1840 , 441

Second verdict of the jury . . 442

CIYIL JURISDICTION, JUSTICES' COURTact of 1811, 5th sec, partly repealed 259account, how proven, . . 273appeal allowed . . . 254

appeals tried by jury . . 255bail . .

"

. . .256bond, note, etc., denied on oath in

writing . . . 257

certiorari sustained, how costs recov-

ered . . . .271claimant, give bond . . 255

make affidavit . . 255

claim, trial of, continued . 256

claims .... 255commission returned, party must

swear.... 256constable a part}'-, who may act . 259

advertise sale . . 258neglect of duty of . . 258none in district, who may act 259not to levy on negroes and

land . . .258compensation allowed to 258

848 INDEX.

Civil Jurisdiction, Justices' Court.

constable, how punished for neglect 258must levy all j^. /as. . 258sales, how and where adver-

tised . . . 272sales when and where made 258

continuance allowed . . 274for one term only . . 25Gwhen allowed . . 255

costs, execution to issue for . 272of ca. sa. collected of defend'

t

275paid before ca. sa. issued 275

debts reduced, recoverable . 254deftiulting witness fined . . 256defendant's claim, if over $50. to be

credited . ' . 273point out land and negroes . 272removing . . . 257

evidence required . . . 255execution, backing . . 257

stay of . . . 277stayed GO days . . 277

fees for establishing lost papers . 276

Ji. fa. returned '"No property,"plaintiff liable for cost . 258

fines, how disposed of . . 256indictment, how tried . . 257interrogatories, how executed and

returned . . . 256how taken out . . 256how returned . . 275returned by mail . . 275

joint-obligors, in different counties,

may be sued . . . 255judgment . . . 254

binds all property of defend-ant . . . 259

of equal dignity, of superiorand inferior courts . 258

juries, how drawn . . 259justices to draw , . 259method of drawing '

.

256jurisdiction as to amount . .270

$50 . . . 277of . . . . 25410 days' residence gives . 257

juror, defaulting, fined . . 256number to be drawn . 256

jury, fee of, by whom paid . . 257how made up . . 257oath of . . . 257

justice, a party . . . 257a party, who may act , 259may fine and imprison for

contempt . . 259none, another may act . 257

lost papers how established . 274(not in suit) how established 275

inal-practice, justice indictable for 257may be held on several days . 278new trial had, how costs recovered 271notes and accounts not to exceed 277oatli of party—when allowed . 255

person in justices' court . 259papers must be connected with some

suit . . . .274party removing'^ out of county, ac-count proved where contracted . 270

Civil Jurisdiction, Justices' Court.

party signing obligation as security,

control fi. fa. . . 270may settle or withdraw cases 258

payment endorsed . . 254plaintiff, affidavit of, denied . 270pleadings amended . . 278practice, uniformity of, in . . 270principal first sued . . 272proceedings when and where had . 255promissors may be sued . . 255punishment.... 257security paying oEfi.fa., to control 257set-off allowed, judgment for deft 273sets-off .... 255several demands may be sued for . 273solicitor-general must prosecute 257stay of execution . . 254subpoenaed, witness must be . 256summons issue and bear date 10 days

before court . .272served 9 days before court 272

term, first, to be appearance term 270second, to be judgment term 270

warrant and summons how served 255witnesses, how many paid . 256

must attend . . . 256non-resident, to be paid . 256

Forms. Justices' Court.

Account of the plaintiff . . 271Affidavit of the defendant . 271

of the party . . 274, 276to appeal without paying

costs or giving security 262Appeal bond given by defendant . 262Capias ad satisfaciendum , . 275Constables' advertisement . 264

bill of sale . . .264Copy of paper lost by party . 274

lost by the magistrate . 2 7the account . . 278the lost original . . 276

Judgment of the court . . 261Names of the jurors to be summoned . 262Oath of the pi' tiff to prove his account 261Petition to establish lost paper . 276Plea for the defendant . . 260Ketxun of the constable . . 260Rule absolute . . . • . 277

nisi. . . . 276Stay of execution . . . 262Subpoena for witness . •. 260Summons for jurors . . . 263

in justices' court, againsttrustee of married women 278

The usual form of judgment of thecourt (held to be sufficient) . 261

Verdict of the jury . . 263Warrant or summons . . . 260^Yrit of fieri facias . . . 263

Interrogatories.

Answers to the cross interrogatories . 268to the direct interrogatories 268

Commission . . . 266Cross Interrogatories . . . 267

INDEX. 849

Civil Jurisdiction, Justices' Court.

Direct interrogatories . .^2G7

Directions for executing interrogatories 268

Proceedings against Defaulting Witness.

Answer of the witness . • 266

Order nisi. . . . .265Eule absolute .... 266

Claim Cases.

AfiBdavit of claimant . . 264

Bond given b}'^ the claimant . . 265

Forthcoming bond in claim case . 265

CLAIM".act of 1799 repealed . . 144

agent or attorney may claim . 146

appeal, eitlier party may . . 144

bond, condition of . . 143

forthcoming, under claim . 146

claimant, give bond and security 143

not to discontinue claim but

once . . . 144to make oath . . 143

claims, damages on, how assessed 145officer must return . .143to be tried at first term . 143

damages, additional oath as to . 143jury must award . . 144

death of plaintiff, party how made 145letters must be produced . 145

execution, justice's, when levied onslave, where tried . . 145

judgment, who entered up against 145land tried in county where it lies . 143

party to be made, notice must begiven . . . . 145

proof, burden of . . 144

Forms.Claimant's afifidavit . . . 144

bond for damages . 144Forthcoming bond under claim . 146Issue in claim case . . 146Judgment for damages and costs . 147

of the court . . 147Oath of the jury . . .147Verdict of the jury . . 147

CLERKS SUPERIOR AND INFERIORCOURTS,

clerks, bond and security . 62inferior court to record con-

stables' bonds . . 64

may administer oaths . 62

may appoint deputies . 64minor deputies" acts legalized 64

must be sworn . . 62must record proceedings . 62

neglecting duty, how pun-ished ... 65

not allowed to practise law . 62oath of office . . 62of both courts may be same

person . . .62office within one mile of

court-house . . 63

penalty for neglect . . 63

54

Clerks Superior and Inferior Courts.

responsible for deputies . 64

deputy-clerk, papers signed by, good 65

process signed by, valid . 66

evidence, certified copy . . 66

fi. fa. paid, clerk to enter in docket

"book . . . . 66

satisfaction docket kept by clerk . 66

to be entered on judgment . 66

scire facias to make parties . . 65

seals, clerks must procure . 64

treasurer to pay for . . 64subpoena docket must be kept . 66

Forms.clerks' bonddeputy-clerks' bondscire facias to make parties .

CODICIL. [SeeTFi7Z, ^c]

COMPUTATION OF TIME,how time is to be computed

626365

781

CONSTABLE. [See Just, of Peace Sf Const.}

CONTINUANCES.not allowed when party admits

what is expected to be proved 764

providential cause, for, works nodetriment . . . 764

CONTROL. [See Execution, Sfc."]

CONVENTION TO BE CALLED.elections, how held ._ - 782

governor issue his proclamation 782

number of delegates . . 782

officers. .... 782

proclamation to order election of

delegates . • • 782

returns how made * • . 782

$20,000 appropriated to defray ex-

expenses . . • 782

CONVEYANCES. [See Deeds, Sfc.\

CORONER.constable's duty . . • 565

juror failing to attend, fined . 565

oath of . . . .564oath of, amendment to . . 564

precept for summoning jurors . 565

report the constable for neglect 565

sudden death, take inquest of all 565

bind over witnesses . . 566

bond and security of . . 566

certify proceedings . . 566

charge the jury, and nature of . 565

dead body removed . . 567execution, illegal, tried in what

court .... 567evidence reduced to writing . 566fees for collecting executions . 566fee for issuing y^./a. . . 667inquisition may be returned . 566issue execution for his fees . . 567

850 INDEX.

Coroner.jury, nnmber of .

neglecting duty to be fined

oath of foreman .

jurors

witness . . .

posl mortem examinationsummon jurywitnesses may be summoned

Forans.

Affidavit filed by defendantAn inquisition in case of voluntary

manslaughterupon one who cuts his throat

who dies in jail .

non compos mentis

hangs himselfdrowns himselfdies a natural deathwhere the murderer is un-known .

Certificates of the coronerCharge of the coroner to the juryCommission of coronerCommitment of coroner . - .

Coroner's bondwarrantwrit of Fieri Facias

Evidence taken on an inquisition

Fi /a. against defaulting jurorFor killing another in his own defenceIllegality of executionInquisition for murderPhysician's bill

Precept for summoning jurors

Kecognizance of witnessSummons for a juror .

Subpoena of witness

CORPOKATIONS, ETC.act of 1818 extended

1843 extended .

assets, must be exhibited

banking and insurance privilegesprohibited

contumacious officers, punishment ofeffects of dissolved, how disposed of

execution levied

of bond, plaintiff not to proveillegality, defendant entitled to

judgment against

newspaper, evidence of service

nmi est factum filed, plaintiff mustprove execution

notice weekly for four weeks, of suit

against ....original process, service how madeoyer demanded .

petition for .

powers of

president, execution against

failing to furnish list of stock-holders

receiver, judge may appointofficers account to

statute of 1841, how construedstock-holders liable as partners

568r)66

565565566567567

566

571

576574574574573573574

575576572568570568569570576571575570572571560569571569

227224227

223227226226226223222222

226

22222222622.3

223222

222226226223223

Corporations, etc.

stock-holders, list furnishedplead and defend

term of incorporation 14 yearswrits, how service perfected

Forms.Citation by the clerk .

Complainants' affidavit

Order of incorporation

Petition for incorporation

COSTS. [See Fees, .^r.]

COUNTY FUNDS AND EECORDS.court-house and jail, where and bywhom erected

defaulters, executions againstfines and moneys appropriatedinferior court examine as to countymoneys for building court-houseand jail . .

'

.

inferior courts inquire into conditionof jail

new districts, applications for .

new districts, inferior courts layoutold districts, inferior courts change

lines of .

new district, governor informed of

report to be recorded

surveyors employed and paidtax, former laws repealed

County F. Books open for inspection

book of accounts exhibited to grandjury . _ . . .

clerks inferior court, compensationcounty officers to keep book of acct.

county treasurer fined for neglect to

exhibit book .

defaulting clerk, proceedings against

entries in book of accounts, howmade ....

exhibit to be recorded .

forfeiture for neglect to exhibit

statement of . . .

neglect of duty, penalty for 378,

paid to county treasurer

receipts, book of, submitted to grandjury . .^ . 378,

receipts, fees for entering

receipt for moneys, clerks of inferior

courts ....receipt to be filed with clerk superior

court ....statement of certain moneys, clerks

of courts to exhibit annually 376,

County Records, bond and security of

copyist required .

clerk may be ruled

copying, let out to lowest bidderdamages recovered .

defaced, to be transcribed

defaulting clerk, suits against

destroyed by fire, again recordeddestroyed by fire, held to be legally

recordedgrand jury inspect, and present de-

linquent clerk

222223223223

225225224224

381381

382

381

381383382

382383382382382380

380379380

380377

380377

377379377

379378

377

377

378

379379379379378379381

380

379

INDEX. 851

County Funds and Eecords.incomplete, completed, and how . 379inferior court furnish books . 376kept in well-bound books . . 376liability of ex-ofhcers . . 376proof or', how ascertained . . 381

schedule of books delivered to suc-

cessor . . • . 376books to be annually re-

corded . . . .376

COUNTY OFFICERS. [See State and County

Officers. ]

CRIMINAL JURISDICTION, JUSTICES', COURT.assault and battery . . . 240attempt to violate the peace, addi-

tional proof received . . 245bond for surety of peace, magistrate

must return . . . 244bond, returnable to what court 214bond to prosecute, must be given 248costs, at discretion of justice . 245

prosecutor to pay . 245judge, duty of . . . 245justice of inferior court, exercise

jurisdiction . . . 254party arrested, introduce proof 245prosecuting officer, duty of . . 245rules of law, to be carefully ob-

served .... 253

Forms.

Affidavit of the injured party . .' 240for warrant to keep peace 233

Appearance bond given by the accus-

ed .... 241Backing warrant . . . 252Bench warrant . . . 248Bond and security to keep peace . 244

for appearance of indicted

person . . 249for appearance of witness in

an indictment . . 249for good behavior and futureindustry . . . 250

to prosecute . . 248Certificate of the justice . . 253Commitment (where party fails to give

security) . . . 241for felony by two justices 247

Constable' s return endorsed on warrant 240Examination of accused, to which hemust not be sworn . . . 252

Information of a witness . . 252Recognizance to prosecute and give

evidence . . 245to appear and give evidence 242with sureties . . . 251

Supersedeas ... 245Warrant . . . . .240

for affray . . 242for burglary . . 246for good behaviour . 243for rape . . . 251lor vagrancy . , 250to keep peace . . 243

CURRENCY.accounts to be kept in dollars and

cents .... 768coin to pass by tale . . 768verdicts to be in dollars and cents 768

DEADLY WEAPONS.act of 1837 repealed . .771carried open and exposed to view 771pistols not to be carried but in a

certain manner . , .771violations, how punished . 771

DECLARATION, PLEA, ETC. . 37absent defendant, how may be noti-

fied, .... 54action brought against representa-

tive after twelve months, 48commencement of, when . 55

answer amendable . . 36dilatory, plea must be un-

der oath, . . .36no part to be stricken out, 37

continuance, but one by either party 36consideration, partial failure of, . 43costs on scire facias, how taxed, . 55deceased obligor, representative of,

how sued, ... 48declaration amended . . 48defects, formal, amendable instanter 37defendants' answer . . 3&

appearance . . 36failing to appear, judgment

by default . . .36residing in different counties,

how sued . . 36dismissal to be entered by clerk . 55execution levied, on what property 56figures may be used . . .47infancy, plea of . . . 41interrogatories, exceptions when to

be made on appeal, etc. . . 54judgment against co-partner, how

rendered ... 48mesne profits, action for, by de-

fendant, how brought . 49count for, added in decla-

ration . . . 49included in writ of possession 49no separate action for . 49

minors supplied with necessaries . 41misnomer amended instanter . 40non-resident defendant, how served

with set. fa. . . .54non-suit, no, for want of form . 37, 47

not allowed for formal vari-

ance . . .47note, &c., must not deny except un-

der oath ... 36oyer may be demanded . . 46

party, omission of, when partners,

etc. . . . .40petition and answer, sufficient to

carry cause to jury . . 36matter of form amendable 36plaintiff's, what it must con-

tain ... 35

852 INDEX.

Declaration, Plea, etc.

plea of partial failure, when allow-

ed .... 42pleadings, amendments as to formand substance may be made . 54

process annexed to petition by theclerk . . .35

how directed . . 35

how served on defendant's

property iu adjoining coun-ties . . .53

sheriff interested, how di-

rected . . .36void ... 36

process when cannot be served . 35when served . . 35

property in adjoining counties • 53increase of, recovered in same

action ... 48joint, one joint tenant, etc.,

may sue . . .54joint, who not affected byjudgment . . 54

what may be levied upon . 48

special pleading not allowed . 37

suit may be dismissed by plaintiff in

vacation . . . .55survivorship between joint tenants

abolished . 57in personal property abolish-

ed . . . .57trust estate, force of justice's^. /a. 56

in a justice's court . 56judgment, extent of . .56liable at law . . 55no trustee, who made de-fendant . . .56

suit, how instituted . 55

Forms.Answer of def.

,plea of general issue . 45

infancy ... 41misnomer . . .40ne unques executor . 43non estfactum . . 39partial failure of considera-

tion . . , 43plena administravit . . 44plene administravit prceter . 44set-off . . .42statute of limitation . 41total failure of consideration 43the jurisdiction . . 39

Declaration ... 37bill of particulars . . 57in superior or inferior courts 56endorsement by the clerk 39of second or subsequent en-

dorser against maker andfirst endorser . . 38

process annexed by the clerk 39return of the sheriff . . 39

Ejectment, action of . . 49consent rule . . .51entry by clerk on back of

writ ... 50judgment of the court . 52notice to appear . . 51

Declaration, Plea, etc.

Ejectment, plea of the defendantprocess annexed by the clerkservice by the sheriff

verdict of the jury .

writ of possession

return by the sheriff

Form of action, breach of warrantyland and mesne profits

note, bill, bond, etc.

on accounton a judgmentpersonal propertyslander

Note given in evidenceconfession ofjudgment by thedefendant

judgment of the court

verdict of the jury

5251

515252534746464647464745

454545

DEEDS, ETC., KECORDING.Acknowledgment, commission admin-

ister oath.... 394commissioner for taking, how ap-

pointed .... 394commission, oath of . . 394in foreign countries . . • 897

Bills of sale, how proven and recorded 409improperly recorded, evidence in

certain cases . . . 398may be recorded . . . 396

Contracts, who may be witnesses to 397Conveyance, acknowledgment, judge's

fee for signing . . . 385attested by one witness, admitted as

evidence .... 393

attested by one J. of P. and record-

ed, valid . . . .389by agent or attorney, valid . 384

defects, formal, not to vitiate . 386

dower in certain lands . . 391

execution of, derived under oath 410

copy made evidence, original ac-

counted for . . . 390

fees for recording . . 387

form of, for relinquishment of do\w-

er . . . . 385, 387

how to be made and registered . 385

how wife join husband in making 385

informalities notwithstanding, val-

id . . . . 390, 391

in tail, to vest a fee-simple . . 390

lands of husband, widow not enti-

tled to dower . . . 391

lease and release, form of, continued 387

letters of attorney, by, valid . 388

mode of establishing, lost duringthe revolution . . . 388

not recorded in time, made evidence 391not recorded, may be recorded . 391of land by husband to be acknowl-edged by wife . . . 385

original lost, copy may be used 391personal property recorded 389, 390recorded, copy of made evidence . 390requisites of, in their execution 387

sheriffs' sales, bar dower . . 391

title and residence of witnessing party 388

INDEX. 853

Deeds, etc., Recording.valid in law, of husband and wife

validity of, how settled

vest a fee-simple in the taker .

vested rights protected

Deeds, Act of 1838 extendedattested by clerks

attest, execution of, who may attest

and probate, when may be recordedcertain, made valid .

certified copies used where originals

lost ....execution of made in other States,

how provenfraudulent, clerk may refuse to re-

cordissue to be tried .

gift of slaves, how madelaw of evidencelost or mislaid, recorded, but time

not appearing—evidence .

judge and clerk's certificate

made evidencenon-resident witness, how sworn to

not recorded, may be in certain

time . . . 395,

of sale, recorded in secretary's office

in ten daysofficial signature authorizes recordproven before clerk of superior

court ....recorded at any time

but not in time, evidencetime for recording extended

made indefinite

two or more, which preferred .

witnesses dead, hovi,^ recordedinsane or dead, recorded on

proofof handwriting of wit-

nessesExecution, purchaser at sheriff's sale

may have, recordedMarriage settlements, already made,

recorded in twelve monthsfailing to record, invalidhereafter made, recorded in threemonths ....

relinquishment of dowerMortgages, already made, legalized .

equity of redemption, barred in cer-

tain cases

dower, right of, protectedfuture, how admitted to recordhand-writing of witness, proofofmore than one, method of proceed-

ing ....personal property, out of State,

when to be recordedhow and where proven andrecorded

recorded in twelve monthsunrecorded, lose their lien .

when lose their lien

Perjury or false swearing may be as-

signed ....Powers- of- attorney made in other

States, how proved in this .

Probate before notary public, valid :

385387390391

399

397400390395

395

399

400401396400

397401401

401

398

386399

399395395395396396396

397

398

398398

398387392

386386392392

386

393

392392393393

400

388400

Deeds, ETC., Recording.Recording bills of sale—continued for

2 years . . .384commissioners and partitioners of

land may administer oath to eachother . . . .400

conveyances, when and where to be 383deeds and mortgages, fraudulent . 383

and wills, already—deemedlegal . . .384

deeds, other, within 12 months . 383

in clerks' office of superior court 383

mortgages, within 3 months . 383time for, extended . . 389

ForniN.

Administrator' s bill of sale . .411deed . . .407

Affidavit of witness . . . 402Articles of assignment . . 414Assignment of a lease . . . 414Bill of sale of personals . . 409

.

Bond for titles to land . . 411Certificate of the mayor . . 402Commissioner's certificate . . 395

oath . . .394Deed of gift . . . .404

of lease . . . 412'

of release . . . 412of trust . . .408

Executor's bill of sale . . • 410deed . . . 406

Marriage settlement . . . 417Notice of levy by sheriff . . 406Power-of-attorney executed before a

notary public . . . 403Power-of-Attorney from one to another

to be used in this State . • 402Power-of-attorney made in another, to

be enforced in this State . . 401Probate of witness . . . 404Quit-claim deed . . . 405Relinquishment of dower . . 416Sheriff's bill of sale . . .410

deed . . .405under tax-collector's ^. /a. . 413

Trustee's bond . . . 418Warranty deed . . . 403

DEPUTY SHERIFF. [See Sheriff, ^c]

DISTRIBUTION OF ESTATES. [SeeEstates, <^c.]

DIVORCE.absent defendant, how proceeded

against .... 301absolute divorce, offending party not

to marry.... 301acts continued in force . . 303citation, service of . . . 300collusion or mutual guilt—no di-

vorce .... 303commencing suit, manner of . 300conditional divorce, husband not

subject to debts of wife . . 302default, judgment by, defendant not

appearing . . .301

854 INDEX.

Divorce.defence, manner of . . . 301issue not bastardized . . 302jury, authority of, in disposition of

property .... 301jurymen having scruples, to be dis-

charged .... 302may be total or conditional . 303parties relieved from penalties . 303petition, schedule of property filed

with . . . .302property, how disponed of . 302special jury, form of oath to . 302total, grounds for granting . 302

or conditional . 301, 303verdict, court to carry into effect 301

in total, form of . . 301

Forms.Answer of the defendant . . 306Citation by the clerk • . 304Judgment of the Court . . 306

in partial divorce . 307Notice where defendant is not in the

State..... 307Oath of the jury . .

*

. 302, 306Petition for divorce . . . 303Schedule filed by plaintiff . . 305Sheriff's return . . . 305Verdict or decree of the jury 301, 306Verdict or decree of jury in partial di-

vorce , . . . 307

DOAVER.account to ordinary must be made 310act of 1850, addition to . . 311application cannot be made under

3 months.... 310application for notice given to repre-

sentative of estate . .308,311application for, when made . . 308commissioners for assigning, how

appointed . . 308, 309must be sworn . . 308, 309oath of . . . 309

executor to hold property in trustfor widow.... 310

five freeholders form commission 309issue found tried by jury . . 308lands in city or village, how meas-

ured . . .309in different counties, applica-

tion in each . .308more than one tract—widow

select . . . 311money instead of, may begiven . . ' . 310, 311

parties, notice given to . . 309return made to next term of court 308

to be conclusive, unless wrong 308wrong, another writ shall is-

sue . . . . 309right to, may be traversed . 308seven years allowed to apply for . 310surveyor employed . . 309surveyor's payment provided for . 309widow have, or one-third of proceeds 310

interest paid to . ,310

Dower.widow make her election where . 310

money paid to . . 311

Forms.Appointment of commissioners . 313Issue found upon the return of the

commissioners . . . 315Judgment of the court on return 316Notice of application for dower . 312

of commissioner to party in

interest . . . 314Oath of chain-bearer . . 317

commissioners on back of

writ . . . 309, 314surveyor . . . 317

Petition for the appointment of com-missioner . . . .312

Return of the commissioner . 314Traverse of the right of dower . 313Verdict of jury on traverse . 313

on return . . 315Widow's election . . . 311Writ . . . . .313

of possession . . 316

with _/?./«. for costs, . 316

EDUCATION. [See Academies, ^c]

EJECTMENT, [^ee Declaration, Sfc]

ELECTIONS.acceptance of, made known . 461act of 1831 not to affect gen. assem-

bly, . . . .464ballots burned by clerk . . 470

numbered and sealed . 470to be by . . . 461

to be kept 60 days . . 470

blank forms, clerks to furnish mag-istrates . . . 471

governor to furnish . 471

case of tie, new election . . 461

challenged ballots to be marked 469

civil process null and void . 461

clerks to be appointed . . 461

conducted, when, where and how460, 463

congressional districts to be laid out 466congressional, when to be held . 468compensation of superintendents in

eastern district . . . 464constable act in place of sheriff 463

contested, how settled . . 470taking testimony . 475

contested seats, how conducted . 464

notice of intention . 464testimony, how taken . 464

day of, for president and vice presi-

dent . . . 468

delinquent clerk, how punished 470

districts, how established . . 468eighth district, what counties com-

pose .... 471

extra session, governor order an 468

failure, in case of, legislature mayelect . . .466

to elect . . .466

INDEX. 855

Elections.failure to return list of challenged

voters a misdemeanor . . 469fifth district, what counties compose 470first district, what counties compose 471form of oath in doubtful cases . 463fourth district, what counties com-

pose .... 470fraudulent, if by candidate, disqual-

ified . . .460if by justice, to be dismissed '460

fraudulent voters, grand jury to pre-

sent how they are to be punished 469freedom of, punishment of violator 460

not to be violated by arrest 460freeholders, three may superintend 460general-assembly, representatives for 460governor to count votes . . 461

to issue certificates . 461

to issue his proclamation . 461how and where to hold, for congress 466illegal voting, how punished . 467justices failing, freeholders may hold 465

of peace enforce laws . 464majority failing to attend, general-

assembly to be convened 466to fill vacancies . . 466

manner of conducting . . 463meeting of legislature . . 461oath, how taken . . . 469

form of . . .469in doubtful cases . . 463of out of county voters . 465of superintendents . 469of voters at . , , 465

out of county, voters in what cases 464penalty for failure to deliver list to

grand jury . . . 469on voters or superintendentsmisbehaving . . 463

polls, hours of opening and closing 464president, for, how and when . 462proclamation and commission of gov-

ernor .... 466qualification of representatives to

congress . . 461, 466, 467representatives, appointment of . 467

for congress . . 460residents of each district entitled to

vote . . .466only eligible as candidatesand voters . . .466

returns certified to governor . 463express, how paid . • 462express may be had . 462fraudulent, how punished . 460freeholders to sign • 463how and by whom made . 462of, how made up . . 461to be consolidated . . 462to general-assembly . 465

second district, what counties com-pose .... 470

seventh district, what counties com-pose . . . .471

sheriff, duty of . . . 463sixth district, what counties com-

pose ... . . 471

Elections.

superintendents, duty of . 463to meet and consolidate re-

turns . . .463who . . . 463

tally-sheet and names of the candi-

dates . . . .473tax, proof of payment of, and resi-

dence not required . . 467third district, what counties com-

pose .... 470time of closing polls . . 467under act of 1850, valid . . 469vacancies, writs of, to fill . 461

how filled . . . 467vice president, for, how and when 462votes for electors to be counted . 460voters, list of, for grand jury . 469

list of, to be filed in clerk's

office . . .457who entitled to vote at . . 462writs to fill vacancies, how directed 461

Forms.Common oath of voters . . 472Consolidated return . . 473Contested elections, notice of contest-

ant . . . . . 474Credentials . . . 473Election for governor, consolidated re-

turns .... 475List of voters . . . 473Notice to prove illegality of a vote . 475Oath on voting out of his county 472

taken by superintendents . 471Proclamation by president of senate 476Special oath of voters . . . 472

ENTRY AND DETAIJSER. [See Forcible

Entry ^ efc]

ESCHEATS.Escheator, advertisement by . . 556

certificate of judge recorded . 556claim, how tried . . . 557

in what time . . 557claimant, none, what done with

proceeds . • . . 557creditors, rights of saved . 567defaulters to pay money . . 560duty of . . . , 550inquest of escheated property . 556must give bonds . . 556not to purchase escheated property 558oath of office of . . , 556pay money into court . 560, 563penalty on, for purchasing escheated

property .... 557property heretofore escheated . 557sales of, formerly made, valid . 562sell devised lands in certain cases 562shall sue for property . . 557

Escheats, act of 1836 saves rights of

heirs .... 563act, perishable articles subject to 662Chatham County excepted . . 563creditors, how paid . . 560duty of court of ordinary . . 660

856 INDEX.

Escheats.Escheats, forms of proceedings, judges

to prescribe . . • 563

money paid to county treasurer 563

to county funds * . 563

notice given to creditors • 560

oath of jury of inquest . . 562

on trial of claim . . 563

personal property, when . .562

Forms.Advertisement by the clerk . . 559

Appointment of appraisers • 561

Bond of Escheator . . . 559

Escheator's sale . . . 560

Notice of escheator . . • 559

creditors . . . 562

Oath of appraisers . . . 561

Process for the sale of the property 559

Return of appraisers . . • 561

escheator . . . 559

Sale of alien's property . • 561

ESTATES, DISTRIBUTION OF.Estate, advancement brought in and

accounted for . . 747

partial, brought into hotch-

pot . . . . 747

to child and children . 747

distribution of, how made . . 750executor not required to give secu-

rity, when.... 751

executors removing . . 751

feme covert, etc., how inherit . 749

how descend in case of no widow 750

husband administer for deceased

wife . . . .748husband's rights to wife's share of 749illegitimate children, how inherit 749

of widows . . 750

illegitimates, how distributed . 750intermarriage, inherit from last 749

child ....intestates, distributing same . 746

manner of considering . 746next of kin . • 747who and what order inherit 746

mortgage extends to mortgaged pro-

perty . . . .749mother inherit from last child . 748

non-resident heir-at-law . . 750notice must be given of application

for refunding . . . 750property, how valued . . 747

questions touching errors tried in

courts . . . .751real and personal . • 747refunding bond . . .750widow takes all deceased husband's 748

share in benefit of advance 747

written notice to parties out of State 751

Forms.Distributer's petition . . . 752Notice of distribution . . 752Oath of freeholder on back of order . 753Order under distributer's petition 752Refunding bond . . . 754Return of freeholder . . 753

ESTRAYS.accounts, clerk's duty in rendering 580act not strictly observed, party liable 577

advertised, certain before tolled 578, 580advertisements, by whom paid for 581

clerk's fees for . . 581appraisement, warrant of, to issue 571

book to be kept by clerk for adver-

tising .... 581

cattle, sold after three months . 587certificate, copy of affixed to court

house . . . 578entered by clerk . . 578

claim, how disposed of . . 582how made and returned . 581

clerk's compensation . . 580clerk to sell . . .579conveyances under levies, void . 582

copy of proceedings kept . 578costs, how paid . . . 582disposed of, how • . 577

duty of clerk in regard to taker-up 578fraudulent levies punishable . 582

horses conveyed to pound by taker-

up ... 578

when, where and how sold 578issue made up and tried . . 582justice and clerk failing, forfeiture 580

justice's duty . . 577,578fees . . .579,580

levied on, claimed by taker-up for

county .... 582

money, how disposed of . 579

paid over, if claimed within

two years . . • 579

must be produced in good order , 579

neat cattle not sold under three

months .... 582

notice given to clerk of levies on 581

owner not appearing, sold . . 579

pound erected . . . 578

provisions of act strictly observed 577

returns made to clerk of inferior

court . . . _• 578

selling for own use, party forfeit

double value . . • 577

stallions running at large taken upand gelded . . • 577

taker-up claim for county . 681compensation to . . 579

delinquent, forfeiture . 580forfeit for neglect . . 578may put to service . 579nesjlecting duty, how pun-

ished . . .579notified of levy . . 582oath of . . . 578receive compensation for keep 579

take up, who may . . . 577tolled, if not claimed, when . 578

Forms*

Affidavit of taker-up . . . 584of taker-up and freeholder 584

Certificate of the justice . . 584Estray notice by clerk . . 585

by taker-up . . . 584Issue . . . . 586

INDEX. 857

ESTRATS.Judgment .... 686Notice by the clerk . . 584

to the clerk . . .582by the constable . . 585by the taker-up . . 585

Oath of appraisers . . . 583of taker-up . . . 583

Keturn to appraisers .* 583

Verdict . . . .586Warrant to appraisers . . 583

EVIDENCE. [See Testimony.']

EXECUTION, CONTROL, ETC.Control, endorser to have . .157

from responsible co-security 155payment by subsequent endorser . 158right to, must be shown . 155separate action against surety, he 156security controlling fi. fa., collect

pro rata . . . 155paying off Ji. fa., to , 154special defence, neglecting . 155to have, against co-security 155

sureties sued separately . . 157Execution act of 1857 extended to city

courts . . . .158affidavits of illegality amendable 151

alias, judge may order . .158bank officer's duty . . 154bank stock, constable's duty . 153

how levied on . . 153sold, certificate given by sheriff 153

subject to . . .153ca. sa. not satisfied, fi. fa. to issue 152

returned, fi. fa. to issue . 152constable may levy against sheriff 156continuance allowed . . 152defendant may point out property 152delivered to the security making thepayment . . . .154

endorsers, how reimbursed . 157

reimbursed out of principal 158

fi. fa. may be superseded . . 159how issued and levied . . 152illegal . . . .149

bond discharged . . 151forthcoming bond, how given 151levy must be made . . 151other j'?. fas. may be levied 151

illegality, how returned . . 151may issue upon application . 159not required to be renewed . . 152payment by surety, pending suit 158property delivered, defendant dis-

charged . . .152in defendant's possession first

sold . . .152sold on issue of ^. fa. . 152

purchaser, bona fide, protected . 155sheriff's sales, under, how conducted 149surety designated as such . . 156

paying off, return of "noproperty "

. . . 158transfer by defendant void after

judgment . . . .154two securities paying off hold jointly 1 54

Execution, Control, etc.Forms.

Affidavit of illegality .

BondEntry by collecting-oflBcer

Forthcoming bond .

Issue formed on affidavit of ille§

Joining issue . .•.

Judgment of the courtOrder of the courtSurety against co-security .

against principalVerdict of the juryWrit of fieri facias

151,

;ality

150158156156150150150156157157150152

EXECUTORS, ADMINISTRATORS ANDGUARDIANS.

Administration, real and personal estate

of wife

rules for granting .

Administrator and guardian's bond, in

various forms validwhen and where recordedvariance in, no detriment

Administrator's bond, condition of,

will annexedamount ofbond of . , .

to whom payablewhere recorded, how payable

698,conditions of bond and how payable

699,de bonis nan made partydistribution made in 12 months .

mismanagement, what donemust make distribution .

ordinary failing to make bond, liablereal estate of free persons of colormay be sold

second distribution in two yearssecurity may be relieved . 699, 709service of rule, how perfected, Davis

county ....widow marrying again .

Executor's accounts, annual, made outaction for tort in certain casesact of 1820 not retrospective as to

bonds1799 partly repealed 703

additional compensation allowedall produce returnedadministrators' and guardians' bonds

how suedaccountable for real value of

estate

allowed 10 per cent, on all in-

terest

allowed 2J per cent,

commissions, how dividedcommissions, when not al-

lowedcompensation, addit'n'l, howrecovered .

defaulting, liability ofproduce estates to appraisers

all guardians give bond and securityall real estate of certain persons sold

694694

731727732

698739.

698698

727

709726691

726691699

739691

726699706745

695737734743695695

690

692692692

692

692691690724726

858 INDEX.

Executors, Administrators and Guardians.and trustees' inventory recorded . 744

may sell property , 744annual returns must be made 69G, 715application for guardianship . 735appraisers return appraisements 690

oath and duty . .691appraisement, in what time made

697, 689

benefits of act 1812, extendedto . . . . .786

bonds o^", various made legal . 713, 731

both parties die, titles how made . 709clerk becoming guardian, gives bond 724

fined omitting to keep docket 722chargeable with real value . 690commissions on returns made . 757continuance allowed . . 696

copy, evidence where original lost 729of letters of, to be filed . 744registered license, evidence 710

costs in certain cases . . 743court correct abuses . . 706courts direct investment of funds 732

to execute titles . . 702relieve securities . 715

cotton included in returns . . 743creditors neglecting to give in debts 699de bonis non made party . . 745debtor appointed, not released from

debt . . . .691debts of employees first . 700debts, order in which paid . . 699delinquent . . . 691discretion of in management . 723dying chargeable, Avhat may bedone .... 707

estate produced in sixty days . 690execution against principal returned

mdla bona . . . 695property of principal . 695when paid by principal, he to

have control . . 695extra pay and expenses, travelling

out of county . . . 739failure of master of apprentice,

power .... 707final receipts recorded, and made

evidence .... 729foreign transfer, stock, etc. . 743

Guardians' bond and recording . 720fees of clerk for examining . 720make returns . . . 720must qualify . . . 719natural, bond and security . . 722illegitimate children have guardian 726in other States, bring suits in this, 737, 738insolvent or doubtful debts . . 734paper, not advertised . . 743

required to give security . 709in own wrong liable . . 700issuing^. /a., judge to direct . 746Jews, marriage license directed to 713lands divided by county line . 733legatee and distributee, how may

sue .... 695letters of admin, may be granted,

715, 724, 736

Executors, Administrators and Guardians.letters dismissory against minors,

not final . . .736dismissory, how granted to

guardians . . . 724

liable to court where returns made 737may pay attorney's fees . . 735

qualify, under circumstances 713resign . , . 740resort to remedies . 7-38

mismanagement or waste . . 721money in hand, applying for dis-

mission . . . .731no commissions allowed in certain

cases .... 738no interest but such as will ex-

presses .... 727none appointed, who entitled to ad-

minister .... 697non-resid't guardian, sell real estate 731sue for property . . 730qualification . . . 730receive property . . 730what must show . . . 730notice to debtors and creditors 699

of making titles not neces-

sary . . . 703of sales must be given . 723

oath of, with will annexed . . 698order of court suflBcient in making

titles . . . .737ordinary, bind out orphans . 707

fees for applications . 736inquire into estates . 70^^

keep docket of names of . 721

order sales of slaves . 728powers of, for production of

witnesses . . . 713wasting estates . . 706original jurisdiction of . 715keep record of . . 706

not allow estates wasted . 706

orphan, what he miist be taught 707party may qualify in vacation . 736pending suits not to be dismissed 696

personal property, how claimed andtried .... 714

person interested dissenting, execu-

tor not to make titles . 703left—qualify in one year . 713marrying parties—return on

license . . . 709suppressing will, fined . 698

powers of administrators de bonis non 733principal creditor, duty of, when

appointed.... 691

process, against defaulting . 706property of principal first exhausted 696

sold to best advantage . 709providential hindrance provided for 737rate of interest paid to . . 734real estate advertised, how claimed

and tried . . .714sold by order of court 723,733

receipt, every, made evidence . 729

recording receipt, clerk's fee . 729

regulating sales by . . . 709

relief of securities . . 709

INDEX. 859

Executors, Administeators and Guakdians.resigning, notice, petition and affi-

davit . . . .741resigning, fully to account . 741

retiring guardian, property in handsof . . • . . 724

return annual, made by . 706failing to make, loses com-

mission . . . 697

made by 1st Monday in July 737

of debts made . . 735to be recorded, and clerk's

fees.... 715rule nisi, how obtained and pub-

lished . . . .724sales, howlidvertised . . 691

scirefacias, on one or more of several

parties . . . 746

issued, defendant must ap-

pear . . . 159may issue . . . 159

security verify returns of absentprincipl .... 732

%ell real estate after proper applica-

tion and notice . . . 718service how perfected upon . 696

of rule, how perfected, rule

nisi. . . . 727slaves when not to be sold . 709

sale of, must appear neces-

sary . . . 729when, bow, and where sold 728

stocks sold . . . .732successor to, resigning, bond in dou-

ble amount . . . 741sued in first instance . . 695suit instituted against principal and

security . . . 695not to abate on removal of . 721

superior court compel security to begiven . . . 697,709

sureties of non-resident . . 695sued in first instance . . 696

trial in county where claimant re-

sides .... 714trustees' liability removed . 732

make returns, when , . 744ordinary's fees for returns of 744

trust funds invested in State stocks 733twelve months allowed . . 159vendee of lands djdng, title howmade .... 709

ward, how may sue . . 695what do after executing titles . 707when may resign . . . 741where bond given for title, may

convey . . . 745extra pay allowed . 738

•widows, time for, to make election 713witness of will attend probate . 713

Executrix, letters of, abate on mar-riage ... 727

suits against, in her own wrong notto abate .... 731

Guardian administer in certain cases 744appointed for deaf and dumb . 744common law in favor of father,

abolished . . . .733

Executors, Administratoks and Guardians.cultivate plantation for ward's ben-

efit .... 728foreign, not remove property of ward 740keep accounts and make returns . 728may hire out slaves privately . 728mother, in certain cases . . 733resign wlien ward 14 years old . 741surplus funds how invest . . 740testamentary and natural, give bondand security . . . 739

widows may appoint . . 733suits not to abate, when . . 159feme sole marrying, suit not to abate 159

Forms.Administrator's final receipt . . 729

notice of sale . . 719oath of . . . 698sale of land . . 719sale—notice . . . 694

Annual return . . . 700Application of an executor for letter

dismissory . . . .716Application of security for relief . 702Apprentice's indenture . • 707Bond and security of executor . 711

of administrator de bonis non 718of administrator with will

annexed . . • 702of natural guardian . 722of succeeding administrator 742

Citation by the ordinary . .716by the ordinary on applica-

tion for guardianship . 736Claim under statute of orphan's estate 714Court of ordinary—order dismissory . 716Deed under order to execute titles 705Executor—Guardian's oath . .719

required to give security 700sale of insolvent papers . 735

First order—orphan's maintenance 707Guardian's bond . . . 720Guardian dismissed—rule absolute 726Guardian dismissed—rule nisi. . . 725Guardian—letters dismissory . 725Inventory and appraisement . . 693

and schedule of money, &c

,

of deceased . . . 694Letters of administration de bonis non 717

dismissory . . . 717

of guardianship . . 720Marriage ceremony . . . 712

license . . . 712offeme sole, plaintiff . . 1.59

Master's obligation to maintain, etc. 707Notice of application to resign . 743Notice to debtors and creditors . 702Order by the court—estate not to be

sold . . .724invest surplus funds . . 740natural guardian . . 722retiring administrator .' 742hiring out slaves . . 728

Order to sell land . . .719Petition and order—for titles . 703

of applicant to resign . 742Return of the license . . 712

860 INDEX.

Executors, Administrators and Guardians.Rule absolute .... 701

for titles . . . 705Rule nisi. ' . . . 701

for titles . . .704Second order—orphans—ill-treatment 708Selling slaves—administrator's sale . 710

order by the court . 710petition

public notice . . 710Warrant of appraisement . . 693Waste—requiring executor to give se-

curity . . .710rule absolute . . 711rule nisi. . . .711

Widow's election . . . 714

FEES AND COSTS.abating nuisances . . 437attorney general's . . . 429certain counties exempted from 436clerk of house of representatives . 430

inferior court . . 433superior and inferior courts 432superior court in civil cases 432

clerk's, in criminal cases . . 433collected and accounted for . 431collector's, and liability . . 436constable's . . . 435coroner's . . . . 429

owner to pay . . 436county surveyor's . . . 428for services not performed, changing 431governor's.... 427

secretary's . . 429guardian's, in certain cases . 435how recovered . . . 430

taxed and collected . . 439to be recovered . . 431

in cases of slander . . . 440information to forfeit charter . 438jailer's . . . . 435justice of the peace, in civil cases 435juror's .... 429jury, on verdicts and confessions . 437

in civil cases . . 437manner of paying . . . 439none, where no service rendered 438not allowed by act—dismissal for

taking . . . 431notary public's . . • 429not payable till after judgment 439of certain officers, increased . 437

tax levied for . .436ordinary's . . . 431overcharge—forfeit four-fold . 430paid in paper medium . . 431penalty for neglect to give state-

ment, etc. . . 430to set up tables of . 430

plaintiff failing—double costs recov-erable . . • .431

powder-receiver . . 430process waived . . • 438public accountable for, in what

cases.... 430sdre facias on recognizance . 438secretary of senate . . 430

Fees and Costs.

secretary of state's . . 438sheriflF's ... 433

in criminal cases, . . 434solicitor-general's . . 429statement of and receipt for, by pub-

lic officer . . .430surveyor-general's . . 428table of, set up in public offices . 430time of action limited . . 430treasurer's.... 429trial for nuisance . . 437verdicts not exceeding $30 . 438what retained on younger^. /as. 439which tirst paid . . 438witnesses' . . . f . 429

FERRIES. [See Roads, Sfc.}

FIREWOOD.cord of firewood . . . 781inspector's fees, by whom . 781

persons cheating, forfeit ten shillings 781

FORCIBLE ENTRY AND DETAINER.[See L'ands—-forcible entry and detainer.

'\

FOREIGNERS,alien, adult female, rights of . 555aliens, may have mortgages . 554

may have right of foreclosure 554convey real estate, on filing

declaration of intentions 555no escheat allowed . 555privileges and disabilities of 553

foreigners not liable to certainmilitary duties . . . 555

foreign countries, educated in, disa-

bilities of persons . . 554French subject, right of . . 554tories, allowed benefit of act . 553

FREE PERSON OF COLOR. [See Slaves,

FRIVOLOUS SUITS.damages for . . . 764

GARNISHMENT. [See Attachment, <^c.]

GENERAL-ASSEMBLY, MEETING OF.time of meeting changed . 765

GREAT SEAL OF GEORGIA.affixed to certain grants . .772former act partly repealed . 772governor to have seal made . 772new seal established . . 772size of the seal . . . 771the device . . . 772where it shall be deposited . 772

GUARDIANS. [See Executors, <^c.]

GUNPOWDER,marked on each package | . 771penalty for neglect . . 771

INDEX. 861

HABEA.S CORPUS,accessories- before-the-fact . . 198application, prosecutor must have

notice.... 199

assizes proclaimed, no prisoner re-

moved .... 198assizes over .

'.. 198

case not bailable . . . 194charges, prisoner must pay . 193civil matters, act does not reach . 196convicts, may be transported . 197duty, officer neglecting, liability 195jail fees, inability to pay . 199majority of inferior court insufficient

to pronounce judgment . 199majority of justice's court necessary

to act . . . . 198neglecting duty, officer's liability

for . . . .195ofiBcer certifies as to cause of im-

prisonment . . . 194papers to be returned . . 194penalty for denying . . 196

for removing to foreign pris-

ons . . . 197person discharged not to be recom-

mitted . . • . 194indicted, tried next term 196

head general issue . . . 198prisoner discharged on recognizance 194

not to be removed . . 196subjects not sent to foreign prisons 196suits when brought . . .198time act began to operate . 197treason, person committed for . 195trial where offence committed . 197warrant of commitment . . 194writ, by whom granted . . 193

in vacation . . , 194returned within three days 193returned with body of person 193how marked . . . 194who shall grant . . 194when not granted in vaca-

tion . . . 195where not to be granted in

vacation .• .195

where it runs . . 196

Forms.

Affidavit if officer refuses copy of war-rant . . . . .200

Judgment of the court . . 201Notice to the other justices . . 200Petition for the writ at common law 202

under the statute . . 200Return to the jailer . . 201Writ of habeas corpus . . 200

HUSBAND AND WIFE.earnings of deserted wife not subject

to husband's debts . , 764husband not liable for wife's debts 764wife's property not liable for hus-

band's debts . . . 764

IDIOT. [See Lunatic, 8fc.'\

IMMORALITY. . 498

INCORPORATION. [See Corporation, ^c]

INFERIOR COURT,ClerJcs.']

CLERKS OF. [See

INFERIOR COURT.adjournment of court when regularterm fails ... 32

arrest, witnesses free from, on civil

process . . . .28books and papers, defendant failing

to produce, judgment bydefault . . 27

must be produced . . 28plaintiff failing to produce,

non-suit . . ,28continuance allowed . 29

when allowed . . 30com't held twice a year . 28

failing to meet . . 28jurisdiction of . . 28of record . . .28

lost papers, certified copy, clerk mustfurnish to party . 30

cost of establishing, by whompaid . . .30

judgment when rendered on 30may be established . 29mode of establishing . 29suit may be commenced on 30

notices, how and when served . 29

oyer, when it may be required . 30process, what it must contain . 30rule absolute, court shall grant 80nisi., service of . . .80

INJUNCTION. [See Certiorari, <^^.]

INSOLA^ENT DEBTOR.act of 1803, title amended . . 334

1823, benefits extended to 3341823, benefits extended to

persons arrested on bail . 334application for discharge, what done 339arrested upon Ca. Sa., when . 328assignments, wtiere null and void 331

Bible exempt from sale . . 328bond, condition of, relative to

prison bounds . . 335for maintenance and jail fees 334to prosecute must, be given 334

books of accounts produced . . 337

Ca. Sa., bond and security given 331

debtor file schedule of prop-erty . . .331

defendant failing to appear,

judgment on bond . . 332

case, when returnable . . 332concealed property, how disposed of 338

compliance with act, exempt fromimprisonment . . . 333

continuance allowed on issue of

fraud . . .332only on terms . . 324

conveyance, husband and wife mustbring in . . .329

862 INDEX.

Insolvent Dertors.creditor not appearing . . 337

notice must be given, when 333death of defendant, bond discharg-

ed . . . . . 332debtors' act extended to widows 328debtor swear to schedule . . 332defendant failing to appear, judg-

ment . . .824may file schedule and take

oath . . .323discharged under ca. sa., debt not

distinguished . . . 337disposition of the effects surrendered 339exempted articles, schedule of . 328exempted property, schedule pre-

sented to levying officer . . 330exempt one horse and mule . 330exempt, what, from sale . 328fraud, issue of, found, defendant im-

prisoned . . . 333issue of, made and tried 332none, debtor discharged . 340

from another county, how discharg-ed .. . . . .333

gamblers excluded from benefit ofact . . . • 338

horse and its provisions exempt 328issue between parties, fraud or not

fraud . . . 340how found and tried . 332how tried . . . 340tendered, what it must con-

tain . . .324trial of . . . 324

jury finding for defendanfc . . 324laud exempted, county surveyor to

lay oft" . . . 329exempt from attachment 329fifty acres for head of eachfamily . . . 329

exempted, how appraised 329exception . . 329not to be levied on

or sold . . 329of insolvent debtor exempt 329

next friend of wife make oath . 330notice to creditors on petition for

discharge . . 340given . . . 337

Oath of . . • . . 338insolvency, debtor must take 331

officer make entry on ca. sa. . , 337order of court discharging . . 338oxen and cart exempt . . . 330party discharged may sue the party

causing his re-arrest . 338not to be re-arrested . . 338

party to be released, when . . 332penalty on arresting officer refusing

to receive bond when tendered . 335petition for discharge, what must

contain . ... 339pluintiflt' may recover on bond . 335

notified previous to dischargeof debtor . . . 333

may recover, how much . 335to pay jail fees in certain 339

Insolvent Debtors.prison-bounds, extent of . 387

laid out .... 335laid off where not done 336re-surveyed . . . 337time for laying off extended 336

prisoners, how may leave the bounds 335punishment of perjurers . 338remainder or reversion, disposition

of . . ^ . . . 330schedule of ... 337

exempted articles recorded 328security may surrender princ ipal 332sheriffs fees . ... 340sickness, cause for continuance, 332summoning jury, sheriff's fee for . 324surrendered by bail, how discharged 333transfer property, may, bond fide . 331trustee, failing to pay over proceeds,

punished . . . 339trustee, pay of . . 339trustee to collect debts . . 339value of property exempt, $200 in

city, town, or village . . 329wife and children, property vested in 330

Forms.Affidavit of plaintiff . . 325Bond for maintenance and jail fees 334

prison bounds . . 336Capias ad satisfaciendum . . 324Continuance of case by defendant 326

by the plaintiff . . 326Entry on the schedule by the clerk 325Issue joined . . . .326

tendered by the plaintiff 325

Judgment of the court . . 327

Notice to the plaintiff" . . 323Oath of insolvent debtor . . 327Oath of the jury . . 326Order of discharge . . . 327Schedule filed by the defendant 325

Verdict of the jury . ... 326

INTEREST AND USUKY.judgment draw, only on principal . 203none on remaining interest . 203on judgment same as contract . 203open accounts, 7 per cent, allowed 205

when considered due . . 205payments, first discharge . 203principal sum and interest recover-

able . . . .204rate of . . . .203rates of, in the several States . 204usurious, forfeited . . 203

Usury—party swearing, cross-exami-

nation .... 205plaintiff failing to make discovery,

defendant make affidavit, . 204plea filed ... 204plea of, plaintiff to make affidavit as

to its truth . . .204

INTERROGATORIES. [See Testimowj.]

JUDGE SUPERIOR COURT . 67act of 1852, 5th section repealed 60

INDEX. 863

Judge Superior Court.bill of exceptions, how presented

and signed . . .21clerk, temporary appointment of 61

terra of oflSce . . 61

elections by ballot . . 59

duty of governor . . 59

secretary of state . 59

governor's commission . 60proclamation . 59

qualification of candidate 60returns how consolidated . 59time of . . . 61

when and how conducted . 59when held . . 60who entitled to vote . 59

ex-judge must sign bill of exceptions 20• judges, absent, notification as to

rules . . .58alternation of . . 5t, 60dying, process not to abate . 61

general-assembly not to ap-

point ... 58interested, justice of inferior

court to preside . . 51

must certify proceedings to

supreme court . . 21

must examine sheriff's bond 61refusing to certify bill of ex-

ceptions . . 15term of office . . 60to remain in oflice until suc-

cessor has qualified , 60vacancies how filled . . 60

opinion of judge not to be expressedon facts ... 58

penal code, judges to suggest cor-

rections . . .58rules of practice, judges to establish 57

what declared null and void . 58sheriff, temporary appointment of 61

term of office . .61testimony perpetuated . . 61violation of act of 1850 by judge,new trial awarded .58

JUDGMENT. [See Verdict, Sfc]

JUDICIARY ACT OF 1799 . . 782

JURIES . . . .19bailiff to special and petit jury, oath

of jury, his pay . . 85challenge for cause . . 87

peremptory, how allowed . 81to the array . . 86to the array sustained . 86when made, how sustained 86

clergymen exempt from jury duty . 83militia duty . . 83

clerk must enter names of jurors . 80judiciary act of 1799, partly repealed 82juries drawn by presiding judge . 82

grand, how to be selected 82iu certain cases, by whomdrawn . . .80

judges responsible for draw-ing ... 80

Juries.

manner of drawing . . 79oath of grand . . 83

request of judge to be respect-

ed by J. I. C. . . 80jurors, attendance of . . 84

called up and objected to . 86clerk's duty respecting . 79

competency of, how ascer-

tained . . .87questions to determine 87in capital cases . . 87

defaulting, to be fined . 80drawn at any time . 84

excuse may be made . 81

fine of petit and grand . 81

grand, duty of clerk in select-

ing . . . 79

may give evidence . . 83

number of . • 80when bound to notice offences 85

judge inf. court may draw in

certain cases . • 84

judge superior court to draw 84

list of, how procured . 78

list to be furnished to parties 86

number impannelled in crim-

inal cases . . .86names to be entered on min-

utes ... 80

objections to, investigated . 86

oath of petit . . 81special . . 83

qualification of . 19, 86

returns of precept must bemade by sheriff . . 80

selecting, manner of . 79

selection omitted, how made 82

sheriff furnished with list of 84

special how selected . . 83stand over when court not

held ... 82summoned, how . . 80summons, form of . 80, 81

talesmen employed . . 81when put upon the accused 81

jury, refreshments allowed to . 85jury-boxes destroyed, how lists made

out ... 85when opened . . .82

jury-duty, justices of I. C. exemptfrom ... 85

oath administered by foreman of

grand juries to witnesses . 88pannel, grand, how composed . 86precept delivered to sheriff . . 80

to contain names . 80sheriff disqualified, coroner may act 81

must summon jury , 84

Afiidavit of defaulting juror . 81Challenge to the array . . 88List of jurors annexed to precept 81Oath of bailiff to special and petit

jury ... 85grand jurors . . 83petit jurors . . 81

864 INDEX.

Juries.

Oath of special jurors

witnesses

Precept for summoning

. 83

88

80, 81

JUSTICES' COURT. [See Civil Jurisdiction.]

JUSTICES' COURT.tion. ]

[See Criminal Jurisdic-

JUSTICE OF THE PEACE AND CONSTABLE,

book of entry, delivered to succes

sor....to be kept

commission, governor to

constables may be ruled

costs, deposit of, by non-residents .

elections, who superintend

how elected....how ruled

justice of inferior court may quali-

fy ... .

jurisdiction in criminal matters

laws relating to, and constable

may be ruled

removed, how and for whatrule, how served

superintendents, oath of

term of office

vacancy, how filled

Constable, bond, amount of

bond and security givencertificate of filing

how taken and sued on .

sued uponcandidates failing, justices may ap-

point ....certain acts of, void .

constables may be ruled

co-obligors served, although non-

resident ....district, none in, justices may ap-

point ....elected by people annually .

election failing, new one to be held

itinerant persons followed and ar-

rested . ,

justices may be ruled

how ruled

rule, how served

laws relating to, and J. P.

moneys, account for

notes, receipt for

oath and bondoath of .

special justices may appoint

only may appoint

vacancy by sickness and excess of

business

vacancy, filled temporarily

Forms.Oath of Justice of Peace .

Advertisement to fill vacancyCertificate of superintendents

Constable's bond .

Return of superintendents of election

234234232239234232232239

234240239239232239232232232238236238238236

235238239

239

235234234

238239239239239235235234235235235

236235

283233233236236

Justice of the Peace and Constable.

Order of the inferior court . . 237

Clerk's certificate . . . 287

Levy by constable where there is nopersonal property . . . 237

Notice of levy . . . 237Constable's sale . . . 238

LAND— FORCIBLE ENTRY AND DE-TAINER,

bond payable to plaintiff . 348failure to give possession to

plaintiff . . .348forcible detainer, what is . 346

entry, what is . . 346judgment for the plaintiff . 347

justice to draw jury to try fact . 347non-resident defendant to give bond

and security . . . 348oath of the jury . . . 347

party to be summoned . . 347when may be indicted . 347

punishment for . . . 346

questions for inquiry of the jury 347

service on persons residing out of

county, how perfected . . 347

sheriff or constable to summon jury 347

teZes jurors . . . 347

three years' possession, no punish-ment . . . 346

prevents proceedings . 347

title does not come in question . 347

Forms.Affidavit of plaintiff for forcible entry

and detainer . . . 348

Bond under the act of 1854 . . 350

Judgment of the court . . * 349

Precept for summoning jury . . 349

Return by the sheriff . . 350

Summons to the defendant . . 348

Verdict of the jury . . 349

Writ of possession . . . 350

LAND-PARTITIONING.affidavit of notice for . . 419

appeal, party to pay costs . . 420

application for notice of . 419

commissioners appointed to makesales .... 424

how obtained . . . 419judgment of court, return to be . 420

set aside . . . 420new, awarded . . . 420

non-equitable division—affidavit 424sale ordered and proceeds di-

vided . . .424notice given to parties in interest 419

surveyor may be employed . 424titles, how to be executed . . 424review allowed in certain cases 420compensation of partitioners . 420must make returns of actings and

doings of partitioners . . 420

number of partitioners . 424

Forms.Affidavit of service . . . 421

INDEX. 865

Land-Partitioning.Form of petition . . . 420

Issue joined by the parties . 423Judgment of the court . . 423

Notice of application for the writ 420Notice by the commissioners . . 422

Oath of the commissioners . 422Oath of the jury . . .423Return of the commissioners . 422The commission . . . 421

Traverse of the return of the commis-sioners .... 423

Verdict of the jury # . 423

LAW OF PROCESSIONING.agent or attorney may act . . 425compensation to commissioners 425

to surveyor . . 425, 426confiscated lands, nothing to affect 426costs of advertising, who to pay 425disputes, how settled . . 425disputed cases . , 425elections of processioners, returns ... 426justice of inferior court to appoint

processioners . . . 426land in two counties surveyed by

the surveyor of either . . 427lands to be, and how . . 424neglecting to, penalty for . . 425notice of, what given . 425may be appointed in vacation . 427party failing to attend, other may

proceed .... 425party out of county—notice how

given .... 425plats not recorded, commissioners

to proceed . . . 426vacancy, how filled . . 426water-conrse forming line . . 426

LANDS OR TENEMENTS.certiorari extended to possessory

warrant cases . . . 346counter-oath made before sheriff . 344plaintiff's oath as to right of posses-

sion . . . . 344sheriff's fees . . . 344sheriff to dispossess unless counter-

affidavit filed . . .344tenant-at-will turned out . 345writ of possession to issue . . 345

form!*.

Affidavit by the plaintiff . , 345Counter-affidavifc filed by defendant 345Issue before the jury , . . 345Judgment .... 346Verdict of the jury . . . 346

LAWS REVIVED,act of April, 1763 . . .775

March, 1776, seamen . 7751766, beef, pork, etc. . . 7751765— trading with slaves 775September, 1773, branding . 775

appendix and what it shall contain 777common and statute laws of Eng-

land . . .77655

Laws Revived.compilation of the lawsfines and forfeitures .

500 copies reserved for future uselaws arranged and reported to gov-

ernorlaws in force 14th May, 1776, per

petuated .

laws prior to 1778, near expiringperpetuated

laws since 1800, to he arranged andprinted

public and general laws digested

public officer's authority

rubbish ....LICENSE. [See Eetail License.]

LIEN.act of 1834 made general .

of 1841 extended to

rivers .

of 1841 not affected .

advertisement and sale .

affidavit and bond returnedmust be filed

of claimant .

amount due must be paid

appeal allowedbond and security givenbuilder's, secondary in certain cases

claimant liable for damages, &c.

claim, failing to record .

to be recorded when .

continuancecosts and interest, judgment for

debts due masons and carpenters

declaration . . '.

defence, how madeexecution, hovv issued

justice of peace must issue .

to be issued

fees, clerk's....fi. fa,, constable must levy

levy of . . .

Flint river included in act of 1846issue and continuance .

made up and tried .

judgmentand^./fl.

levymachinists, act of 1841,

1837 extended to

entitled to .

millwrights and builders of goldmachines entitled to .

not affected by delivery of possessionnotice givenorder of judgeother lien-holders to give notice .

owner may disputepersonal property—summary pro-

cess to enforce onpremises discharged, if debt not sued

sold, lien attaches .

Savannah river included in act of1841 ....

777776777

776

776

775

776777776775

. 217certain

218. 220

218. 218

218. 218

218. 218

218216216215215218221

215215218218218221

215218215219218

. 216218

. 216218, 221

1834 and221

. 221

219216216218216221

220216216

219

sm INDEX.

Lien.services rendered by slave, &c., how

recovered . . . 219

steamboats, application, how made 218

for wages . . . 217

how to proceed . . 217

steam mills, act of 1811 extended to 219

demand first made of owner 219

suit within 12 months after debt due215, 217

summary process—affidavit made 220

executed in 12 months . 220

repealed, previous laws . . 216

sums under $30, how recovered 218

• verdict of jury . . . 215

work performed according to con-

tract . . . .215

Forms.Form of cl lim . . • 215

Notice of lien.... 216

Notice to carpenter about to build 217

LIMITATION OF ACTIONS.absconding offender . . . 208

act of 1856, when commences . 209

bill of review . . . 206

bonds and instruments under seal 206

breach of contract, damages for 206

certiorari .... 206

co-partnership, after dissolution . 207

dower .... 206

equity cases, how affected . . 208

courts affected . . 207

executor or administrator dying . 208

felonies, all . . . 207

felony, cases below . . . 207

fraud, cases of, suits in . . 207

gender, when used . . . 208

homicide . . . 207

joint contractor . . . 207

right to sue, action stayed 207

judgments, foreign . . 205domestic, . . . 205

legacies and distributive shares 206

lien by judgment barred . . 207murder, indictment for . . 207

new promise to be in writing . 207

not to operate against certain per-

sons .

^. . .206

number, when used .*. 208

offences not provided for . . 208

open accounts . . . 206

time on . . . 208.personal property . . 205

injuries to . . . 205

person, injiuies to . . 205prcmiises, after being barred . 209promissory notes . . 205

real estate, adverse possession . 205suits for recovery of . 205

trespass on . . . 205

removal from State . . 207

renewal, one ooly allowed . . 208

repealing section act of 1856 ,. 208rights of action, other . . 206right to sue after death of p.ir,ty 206

suspended . . . 208

Limitation of Actions.

rights under statutes . . 206set-otf, when and how barred . 208State affected by act of 1856 . 208statute ceases, when . . 206suits renewed . . . 208unrepresented estates, rights of . 206

whom to sue, not knowing . 207will . . . . .206

LOTTERIES AND GAMING.after June, 1860, all lottery laws

repealed . . . 780six months, who may sue for

penalty . . . 780articles forfeited . . 778bonds, notes, etc, given for gaming,

void .... 778continuance, only one allowed . 779conveyances and incumbrance on

land inure to heir . . 778dealing in lottery ticlvcts, fined $.500 780deeds, mortgages in opposition to

rlghtsof heir, void . . 778fighting, etc., on account of gaming,

forfeit £20 and be imprisoned . 779forfeit, how collected . . 778if over $50, recovered in superior

court . , . . 779lotteries prohibited . . 780money lost at play recovered back.

by owner .... 779one half of fine to prosecutor, one

half to county . . .780persons establishing lotteries forfeit

.£500 . . . .777recovered by justices' court if not

over $50 '•. . . 779

sales to be void and of no effect 778unable to pay fine, imprisoned , 778imparlance, but one . . 778upon discovery and repayment, dis-

charged . . . 779what act does not apply to . ,780

LUNATIC.act of 1837, extended to . . 484acts, several amended . . 484application for commitment . 477appeal allowed . . . 481case }nay be adjourned . . 485certificate, none, temporary provi-

sion made.... 476clerk's certificate as to residence,

etc. . . . .476commissioner absent, how place sup-

plied . , . . 485commissioners, how must proceed 484commission, how may proceed . 479

number of . . 484of, may issue . . 479

costs, by whom paid . . 481

courts of ordinary may removeguardians . . . 478

to appoint guardians . 478

duty of the clerk . . . 477

expenses of, trustees may sue for 489

INDEX. 86'

Lunatic.expenses to confine, what deemed

sufficient ....fees of ministerial ofiQcer

5th sect, act of 1837 repealed '

governor to dravv on Stateguardian, court appointguardian failing to comply with

order of court, proceedingsagainst

make inventory .

to act

guardianship of hushand, wife en-titled to .

hearing application, day appointedfor ....

imhecility, on account of ageinferior court to make provisionjury, fines for non-attendance .

enforcement of attendance ofpay of . . .

summoned and sworntrial, when may be had

justice of peace may commit to jail

issue warrant for arrest onapplication

justices absent, others may act .

of inferior court committo preside at hearing

two j ustices of peace to be commis-sioners ....

law questions, how determinednew commitment after three months'

absence ." ""

.

no charge for certain, on W. and A.rail-road

on W. & A. rail-road

non-attendance of commissioner, tobe fined ....

notice of application for commissionhearing given

oath, form of .

of commissioner

J"iT •. •

ordinary, pay of

partial support of

patients, non-resident, how receivedrestored, discharge of

pauper certificate

supported by State . 476,support himself if able

precept for summoning juryrestored, property returnedreturn of commissioner must be

mademust be made

sale of property may be madesanity of, questioned, how triedsheriff or constable to attend

pay of

verdict in . .

of jurywife's bond valid

witnesses, pay of

Fopins,AttachmentAffidavit

489485483476479

485478481

478

477486489471

477486485480489

489484477477

484485

477

478478

484481

477477479477486477478478477490490477485

479478478485484486485477478485

480488

Lunatic.

Application for commitment . , 478of restored person . 486to the court . . . 482

Certificate of the clerk . j 480Commission .... 482B'irst order of the court . . 487Issue ..... 487"

submitted to the jury . 479Judgment of the couft . . 479Mandate to the sheriff . . 487Notice to guardians . . . 486Notice (to nearest of kin) . . 478Notice to relative . , , 482Oath of the jury . . 479,485

on issue . . . 487Order by the court . . . 480

of court for commission to

issue . . . 482Precept for summoning jury . 479Return of the commissioners . . 483Second order by the court . 483, 488Third order by the court . . 488Verdict of the jury . , . 479

on issue . . . 487

MAEEIAGE LICENSE . . 712

MAERIAGE SETTLEMENT . . 417

MILL AND TOLL,millers must grind in turn . 767

must take one-eighth for toll

except in certain cases . 767penalty for violating this act , 768

MORTGAGE ON PERSONAL PROPERTY.agent or attorney may foreclose . 192foreclosed, where . . 192personal estate, how to be fore-

closed .... 189

Affidavit of foreclosure annexed tomortgage . . . .

Bond given by the defendant .

Defendant's affidavit

Fiat of the justice of the inferiorcourt .....

Mortgage ^. /a.

mortgage of personal prop-erty . .

Note for securing the payment ofwhich the mortgage was given

Order by the justice of the court .

Relinquishment where the debt is paid,without suit....

MORTGAGE ON REAL ESTATE,appeal alloweddispute as to amount dueforeclosure, rule made absolute at

next term....foreclosure, rule to be granted and

served ....method of foreclosing

real estate, when to be foreclosed

190192191

190190

189

186191

192

184184

189

188184188

868 INDEX.

Mortgage on Real Estate.

rule absolute . . . 184

nisi. . . . . 184

surplus to be paid to mortgagee 184

Forms.Affidavit of the defendant . 188

Mortgage deed of real property . 185

Mortgage .A^/«. . . . 187

Petition of mortgagee . . . 186

Rule absolute . . . 187

Rule nisi..

. ... 186Sheriff 's sale of n^ortgaged property 188

NAMES, HOW CHANGED.adopted child, how, and name

changed . . . 533legal rights of . . 534property of, when subject to

distribution . . 584application to change, notice given 223certified copy evidence . . 224changing name of adopted child,

how perfected . . . 534election precincts, how formed,

changed, and abolished . . 534fees of clerk . . . 224legitimatizes child, marriage of pa-

rents .... 533name changed—illegitimate child,

legitimatized . . . 533names of persons, power to change 223

ForsBis.

Notice of intention to change name 536Order and judgment of the court . 536

by the court, on adoption of

child . . . 535by the court, on petition to

legitimatize . . 535

Petition to adopt child . . 535to change name . . 536to legitimatize illegitimate

child . . .634

NATURALIZATION LAWS. (See Appendix.)

NEW TRIAL,act of 1797 partly repealed . 149before a special jury ' . 148granted on discretion, by judge of

superior court . . .149how granted . . . 148how tried .... 148jury formed, of whom . . 148

how .... 148may be granted . . • 148notice must be given . . 148no trespass in justices' courts . 149opinion of judge entered . . 148superior court must grant, in what

cases . . . . •. 148supreme court must order . 149who entitled to first strike . . 148

ORDER OF ARGUMENT,in criminal cases . . . 763

ORDINARY, COURT OF.adjourned terms may hold . 689allowing partner to practice, howpunished . . . 679

alone, power to grant letters of ad-ministration . . . 680

appeal allowed . . . 674

to superior court allowed . 687application for leave to sell negroes

and land . . . 677applications for letters of adminis-

tration . . . .679application to sell, notice of sale

given, . . , 677appraiser's duty . . . 686

pay of . . . 686assessment under act of 1850 . 686bond and security, must give . 678

of administrator, payable to 678citizens only can be executors or ad-

ministrators, .' . 688clerk of court of, duty and liability 679

to make valuation of propertyexempt from sale . 685

clerks of court of, certain acts madevalid . . .679

clerks of court of, required to settle, 676construction of this act . . 685copies of letters, evidence . 683coroner or constable may attend

court of . . .688courts of, general jurisdiction . 684disqualified to be executor, etc., . 675duty of.... 678

in assessing maintenance . 685justice of peace in assessing

maintenance . . 685election of . . .677estates shall not be entailed . 680

unrepresented, citation mustbe issued . • .676

estates unrepresented, executor elect-

ed, executorship abates . 676estates unrepresented, how provided

for . . . • 675estates unrepresented, no applica-

tions made, what done . 676estates unrepresented, notice given

in whom administration vested . 676executions collected as others . 689

for costs may be issued . 689for costs may issue . 684how collected . . 684

executors disqualified to be . 679fees of justice of peace and clerk for

maintenance case, . . 686governor issue dedimus . . 677household furniture to widow . 686jurisdiction of . . . 679, 684justice of inferior court, duty of 677

refusing books, what done 676laws consistent continued in force 675

repealed . . . 675letters of administration, in what

courts granted . . 688letters of administration recorded by 68.>

guardianship, in what courtgranted . . 688

INDEX. 860

Ordinary, Court op.

mandamus absolute . . . 677

mandamus nisi. . . . 677

marriage licenses must grant . 680marrying without license or banns,

penalty for, . . . 680must qualify within ten days . 677

report to judge of inferior

court . , . 679name of the court of . . 675new election of . . 678newspapers containing advertise-

ment to be filed . . . 688newspaper file subject to inspection 688notice of application by widow must

be given.... 684not to practice in said court . 678oath of deputy . . .678

office of . . . 670office of, established . . 674

where kept, always open 677$100 allowed widow and children 685pass order, for sale of wild lands 689perishable property, sale of . 677powers of . . . 674presiding officer, title of . . 675property, what exempt . . 685refusing to account, what may bedone .... 676

regular terms of . . 677returns and vouchers . . 678

must be recorded . 686rules in chancery . , .679support and maintenance in certain

cases, how set apart . . 686temporary letters granted . 688valuation for maintenance recorded 685vacancy, how filled . 675, 678widow may select her share of ne-

groes.... 687widow or orphan, support allowed to 684widow's and orphan's allowance 685

Forms.Appeal to the superior court . 688Appointment of appraisers , 687Citation by the ordinary . . 681Levitical degrees of marriage . 680Ordinary's official bond . . 675Permanent administrator's bond 683Permanent letters of administration 683Return of appraisers . . 687Temporary administrator's bond . 682Temporary letters of administration 681

ORPHAN. [See Executor, 8fc.]

PARTITIONING. [See Land, S^c]

PARTNERS AND PARTNERSHIPS.Partner, Co-, bonds given by one,

valid . . . . 213debts paid before S, P. receive in-

terest . . . .211fraud, guilty of . . 211general, authority of . . 209

liable to account . 211may consist of . .209

Partners and Partnerships. •

general, when not observing prelim-

inaries . . . 210individual, acts of, when void . 212person, not, name not to be used 212retiring, when name may be used 212rights of special . . . 211special, claim postponed , . 212

demands against not affected 212liability of . . 209

liable as general . .212may act as attorney-at-law 211

may receive lawful interest 211

Partnership—affidavit filed . 210

alteration or dissolution . . 211

bonds payable to, binding . 213

business, how conducted . . 211

dissolution of, how effected . 212

capital stock, no dividends out of 211

certificate filed and recorded . 210certificate of, . . . 209certificate of acknowledgment before

judge, &c. . . .210certified copy made evidence . 210Co-, judgment and ex. against, good 213fees for recording . . . 210firm name . . . 211

limited, allowed . , . 209limited, not for banking and insur-

ance .... 209need not be proved, unless deniedby plea in abatement . . 213

not publishing, consequence of 210other counties, transcript of cert, re-

corded . . . 210penalty for violating act . . 213power of attorney recorded . 210printer's affidavit . . . 210publication of, when and where made 210renewals how effected . . 210

sales, assignment, &c. when void 211

suits, for and against . .211

Forms.Affidavit of general partners . 214Certificate of special partnership . 214Notice . . . . 214

PATROL.act of 1765 contiaued . . 592armed, how to be . . . 589captain's authority and demeanor . 591

neglect of duty of, fined . 591notified of appointment . 591

notify patrolmen . . 591qualifications . . . 591report defaultij . 591

citizens only of district, when to en-

force fines . . . .592commissioners appointed . 590

failing, fined . . . 591fined for default . 589notified of appointment . 591organize companies and di-

visions . . . 591constables to collect fines . 589double costs allowed . . . 590men, disobedient, fined . . 591

870 INDEX.

Patrol.drunkenness on duty, liow punishedduty, female not liable to

who liable to

exemption from, over 45 years

,fi. fa., by whom issued

fines, how collected . 589,

how disposed of

fugitive slave, how proceedlist of names made outoath, commissioner takeobey orders

persons opposing, indicted and fined

owning several plantations,

do duty where resides

power of . . .

requisites of written pass .

service, term of, 3 monthssubstitute, may employ . 588,

vacancies, how filled

visits, how often madewithin what time commissioners re-

sign •

.

white servants

ployerequipped by em-

Action of patrol-commissioners on re-

port of captainFi. fa. against defaulterNotice to patrolmanPatrol commissioner's oathPatrol-company organizedReport of the captainWritten pass or permit

PEDDLERS.act not to apply to Savannahapplicant, good moral character

must make oathbooks, maps, &c., sold without li-

cense . . . 542clerk's fee, $1 . .

corporations, act not to interferewith ....

fees, clei-k's responsibility for .

fines, how appropriatedforeigner not allowed to

proof necessary to convicttake oath of allegiance

what must showfree, ....home manufactures, no license re-

quired . ...license, application

for wagon showninferior court may grant .

must haveto describe personsto be not less than $50

oath, must taketo be recorded

revenue, how disposed ofsubject to penalties

violation of act, how punishablemisdemeanorlaws, how proceeded against

590590588594589592592589589591589592

589589690594589591594

591

589

593593593592592593590

544544544

, 543544

543542543545545545545544

543544542544542543544542542549544544644543

Patrol.Forms.

Bond for appearanceCommitmentForm of license to peddleOath against peddler

540547545546

Oath of applicant for license to peddle 545Warrant against peddler . 546

PERSONAL PROPERTY, MORTGAGE ON.[See llortgage, Sfc]

PERSONAL PROPERTY. [See Possessory

Warrant.']

PETITION. [See Declaration, 8cc.']

PHYSICIAN AND APOTHECARY.Apothecaries, old established, exempt

must be licensed

selling without license, punishmentfor . . . .

Physician accused, onus onact of 1825 revivedboard of, appointed .

body corporate .

book of record made evidenceelect officers .

examiners, number of

fill vacancies . . .

less than quorum, adjournfrom day to day

make by-lawsmay examine, notwithstand-

ing diplomaprescribe and publish a course

of reading .

sessions held where appointedto license apothecaries

to meet annuallydiploma, having, no license re-

quiredexamination of applicants .

fees for examinationslicense, no one to practise without,

except having diploma 443, 446practising without, how pun-

ishedwithout examinationgranted, by examining boardtemporary, how long to con-

tinue

temporary, may be grantedto be registered .

merchants may sell medicinenames of persons licensed to be

publishedobligations for services, voidperson licensed, to be of good moral

characterPhysicians—Thompsonian.apothecary to be licensed .

board of 5 members quorumgrant licenses

meet annuallyof, appointed

body corporate .

book of record, evidence .

444444

444443443446445445444444444

445444

445

445446446444

446444444

443444444

444444445444

445443

445

449448448448450449449

INDEX. 871

Physician—Thompsonian.by-laws, officers, vacancies, etc. 449course of reading prescribed and

published . . . 449

exempt from act of 1825 445, 446fees for examination . . 448

for license . . 448, 449graduates may charge for services . 450

or licentiates only to practice 448license refused, notwithstanding di-

ploma.... 449license, temporary—how long con-

tinue . . . 449

may be refused . . 449may be granted . . 449

or perpetual . . 449

licentiates, names of, to be pub-lished . . . 449

to be of good moral character 449

merchants may sell medicine . 449

services, obligations for, void . 448

Applicant's petition for license . 448Certificate of moral character . 448Diploma .... 446License of a physician . . 447

of an apothecary . 447

Forui. Thompsonian Practice.

Diploma . . . ; 450

PLANK ROADS. [See Roads, <^c.]

PLANTERS.buyer of cotton takes no title until

cotton paid for . . 490buying rice and disposing of it before

iDeing paid for, to be punished . 490cattle, persons injuring, liable for

damages . . . 493damages for injury, how recovered 493deduct for wet, by seller's consent 491disputes about property, how to be

settled .... 492factors give notice of sale . 491failing to y)ay, and making away

with cotton, punishment for . 490fees for weighing . . 491lawful fences and enclosures, how

constructed . . 493hot constructed, owner of

cattle not liable . 493marks and brands, clerk's duty to

record . . . 492similar, how settled . 492not needed to be recorded in

. clerk's office . . 49'2

to be recorded . . 492notice of sale, penalties for neglect 491oath of weigher . . .491rice to be paid for before title passes 490storage on cotton, none after sold 491tare or draft on cotton abolished 492title not questionable, possession

sufficient . . . 493violating act of 1806, penalty for . 492

Planters1847, offender indicted . 492March 5, 1856, penalty for . 491

weighing, regulations concerning 491

PLEA. [See Declaration, (^c]

POOR. [See Provision for, ^c.]

POSSESSORY WARRANT.Personal property carried away, com-

plaint made . . . 340constable's fees . . . 342defendant having property, refusing

to produce, committed to jail 341evidence as to possession of . 341

justices' fees . . . 342party taking out warrant unable to

give security . . . 341possession had for four years, not to

be committed . . . 341

recognizance, how disposed of . 341

with security . . 341securities, how far liable . 341

warrant issued for arrest of offender 341

Forms.Affidavit of plaintiff . . 342

Commitment .... 343Recognizance given by plaintiff . 348

Warrant . . . .342

PRIVATE WAYS. [See Roads, ^g.'\

PROCESS. [See Dedaration, ^e.]

PROCESSIONING. [See Land, ^c]

PROMISSORY NOTES. [See SpeciaUies, &^c.]

PROVISIONS FOR THE POOR.Justices of inferior court must provide 586

Overseers must make returns . 586

Tax to be one-eighth of general tax . 587

Forms.

Endorsement on overseer's return 588Order by the court . . . 587Petition for relief . . .587Return of Richard Roe, overseer . 587

PUBLIC SALES.continued from day toi day . 299continuance of, notice must be given 300note or memorandum, none neces-

sary to charge purchaser . 299

purchaser not complying, what maybe done . . • 299

warranty, public officer not liable for 300

RAIL-ROAD. [See Roads, <^-c.]

REAL ESTATE, MORTGAGE ON. [See

Mortgages, i^c.]

RELIGIOUS WORSHIP.Church lots and burying grounds ex-

empt from taxation . . 498

872 INDEX.

Eeligious Worship.Churches, conveyances to, valid . 497

trustees of, certificate to be recorded 497expelled and vacancies filled 497A^acancies filling and how cer-

tified . ... 497subject to church authority , 497

Religious worship, act not to apply to

licensed retailers . . 494disturbing, a misdemeanor . 494, 499

how punishment inflicted 495place of, liquors not to be sold withinone mile of . . 494

disturbing, punishment for 494, 495, 499violation of acts, a misdemeanor 494

penalty for . . 494arrested by warrant . . 494taken into custody . 494

Sunday, arrested on, immediately dis-

charged .... 499civil process, officer serving on, lia-

ble to damages . 499served on, void . . 499

cursing, using profane language on,how punished . . 499

enter tippling-houses by force, on 499games and sports forbidden on . 498good citizens will assist in enforcing

a due observance of . . 499goods not to be exposed on .498intoxicated on, how punished . 499lounger not to frequent public-houses

on . . . , .498officers keep order on . . 499

prosecuted for enforcing, re-

cover treble costs . . 499persons not to work on . 498

Formic.

Afiidavit against disturber of publicworship.... 495

Warrant under affidavit . . 495Bond given by defendant . , 496Commitment .... 496Form of deed for conveying church lot 497

RENT.actions liable at first term . 318act of 1827, extended to vendee of

original lessor . . . 319

claims made and tried • . 318continuance, not more than one . 318contracts for rent, interest on . 318crop, portion of, reserved as rent . 319defence, how made, and where tried 318distress exceeding ^30 levied by

sheriff . . .318not to be preferred to judg-ment , • "

. 318warrant under $30 levied by

sheriff . . .317when levied by constable . 317

lessor, may re-enter . . 318oath, additional, required of tenant 319possession, holding over and refus-

ing to give . . 318tenant refusing to give . 318

double, when tenant liable to . 318

Rent.replevy, defendant may . 318sheriflf's fee . . . .319tenant who holds over, proceedings 318warrant, agent or attorney mayhave .... 319

writ of possession to issue . . 318

Forms.Under Act of 1811.

Affidavit of persons claiming rent . 320of the defendant . , 321

Bond of in demnity given by the de-

fendant . . . .321Constable's advertisement

.

. 320Distress warrant for rent . . 320

Proceedings under Act of 1827.

Affidavit of landlord . . 321of the person in possession . 322

Process issued by the justice of the

peace .... 322Writ of Possession . . . 323

RESIDENCE. [See Giizemhip, Sfc]

RETAIL LICENSE.applicant for, take oath .

• 548bond and security given . 547, 548for spirituous liquors only . . 548how granted . . . 547how procured . . . 648oath, all retailers to take . 549

form of . . . 549punishable for not taking . 549sellers of less than one gallon

to take . .

'

.549to be recorded . . 549

rates of, fix^d by court . . 547

rights of Savannah and Augustasaved.... 548

rates of, penalty for demandinghigher .... 548

tavern, amount of . . 548

Forms.

Bond given by the applicant . . 550County treasurer's certificate . 549License to retail . . , 551Oath of applicant for license . 549

RIVERS. [See Roads, &fc.]

ROADS, BRIDGES, FERRIES, RIVERS,ETC.

Bridges, act of 1792 partly repealed . 516between counties, how provided for 504causeways, condition of . . 500commissioner becoming builder, con-

sequences . . . 505contractor's bond to be taken . 517contracts for building, how made . 516how paid for •

. . 501new ones may be erected , 501over water-courses dividing counties 512public, which are . » . 501

INDEX. 873

KoADS, Bridges, Ferries, Rivers, etc.

Bridges, repair of, providing for . 504

toll, inferior courts may establish . 501

when built, how paid for . . 517

Bridges and ferries, damages over $30,

where tried . . . 502

liability of owner, for insnflSciency 501

toll, attending muster, pass toll free 502

toll, rates set up on signboard, . 502

damages under $30, where and howtried . . . .501

Ferries, inferior courts have power to

establish . . . .507inferior courts may establish . 501

men employed on, exempt from mi-

litia duty . . . .512none where a public bridge . 502fords not to be obstructed . .519reserved power in legislature . 501

Ferry or bridge—chartered rights notdisturbed . . . " . 519

discontinuing . . . 519excessive toll, how remedied . 519increase of toll . . . 519measuring distance between . 516owners of both banks may establish 519

Plank road, appeal allowed . . 527

appraisers of timber, oath of . 527articles of association published . 527award of appraisers to be enforced 527

charter how forfeited , . . 529

companies, application recorded 527

have no banking privileges 527

may abandon right of prop' ty 527directors of, powers and duties 527fee simple of, in company . . 528former charters of, protected . 527injuries to, how punished . . 528not to obstruct public road . 529no travel without paying toll . 529tax on . . . . 527timber on, disputes how settled . 527toll-bridges in connection with 528toll, collected by attachment . 528

defendant may replevy . 528failing to pay, liable to triple 528gates on . . . 528gatherer . . - 529none for crossing . . 529none for passing through gate

only . . .' 529not below certain rates . 528penalty for non-payment of . 529rates of, published . 528how regulated . . 528

who may incorporate to build 527Private ways, act of 1852 amended . 531

but one landing, owner not to ex-clude others . . .531

commissioners' oath of . . 530return of . . . 630return may be controverted 530

costs, amount of , . . 530counties, certain, exempt . 531damages on, how assessed . • 530granted, how . . . 530jurors, how summoned . . 530

when to meet . . 530

Roads, Biudges, Ferries, Rivers, etc.

Private ways, jury, oath of . . 530laid out, how . . . 530obstructions of, how indicted . 529order for, to be passed . . 529owner neglecting, opposite partymay apply for jury . . 531

right of, to haul timber . . 531

right to haul not to prejudice ownerof land .... 531

sheriff mark out and open . 530ia?es jurors may be employed . 531

verdict of jury, how returned . 530

Rail-road company, appeal case tried

as others .... 523

appeal, how made . . 523blow whistle, when - . . 524

check speed, when . . 524

checks for baggage from station to

station, to give . . . 525

conductor, penalty against . 521

costs against, how disposed of . 523

in levying execution . 523

damages over |30 sued for in supe-

rior and inferior courts . 523not over $30 . . 52i^

death caused on, murder . . 525

destroying or injuring . . 525

effect of judgment against . . 522

engineer, penalty against . 525

execution against, how levied . 523

execution shall issue . . 523

freight bills, must specify what . 526

freight trains not to run on Sabbath 521

give notice of stock killed . . 522

hands, how excused . .519, 520

intrusion upon, how punished . 525

justice try cases against . . 522land to be appraised . . . 520

levying officer advertise . . 523

liabdity for damage to stock . 521

of . . . .526of, for negro escaping . 521

liable for baggage . . 521for employees . . 526for negligence to employer 526

may tender satisfaction . . 523

must publish rates . . 524neglecting to give check . . 525

notice of, form of . . 522how served . . . 522

what contain . . 522partner may maintain suit against . 523penalty against . . 524plaintiff" v/itness against . . . 522sign-boards at crossings . 524slaves not to travel on . . 521subject to general liability . 525through rates established by . 524W. & A. may be a party . 524when person killed on, who may sue 526where may be sued . . . 526

Rivers, ballast throwing into, forfeiture 532creeks, inferior court may order

clearing out , . . 532forfeitures, how applied . 533offence committed, justice of peacemay act .... 532

8T4 INDEX.

Roads, Bridges, Fekeies, Eivess, &c.offender arrested

offeuder committed to jail .

rioadS; altered, post to be removedapplicant to repair, report annuallyapplicant not satisfied, to remain,and work with other hands

being distinct lines, what to be donecommissiotiers of, appointedcommissioners of, assign portions

for repairs

pommissioners of, defaulting to havenotice ....

commissioners delinquent, proceed-ings against

commissioners of, general authorityof .

commissioners of, keep a book andenter fines therein

commissioners of, neglecting or re-

fusing ....commissioners of, notified of their

appointment . .

commissioners of, power to admin-ister oaths

commissioners resigning, vacancyhow supplied

commissioners of, to issue execu-tions ....

commissioners of, to notify overseerof neglect....

commissioners of, vacancy suppliedby inferior court .

commissioners of, what time may re-

sign ....company allowed to make excuseand defense

condition of .

cross, how kept up .

damages, excessive, how avoideddefacing mile-posts and removing,

penalty for

direction boards to be put updirection boards, what to be onthem ....

districts, inferior court to lay outnew ....

execution for amount of expenses .

money arising from, paid to

commissionersmile-posts, how continued from dis-

trict to district

how to be workedinferior court, may 1

roadsjustices of peace to

duty ....liability of applicantmacadamised road, who may buildmatters may be acted on in vacationmeasured, where to begin .

ministers exemptmoneys of, how appliednew, discretion of inferior courts in

opening ....new, how laid outobstructing, liable to fine .

old, alterations made in

ay out

enforce

new

road

532532506513

513504502

513

505

505

603

507

505

502

502

505

503

503

503

514500501500

506506

506

502514

514

506504

500

513513526507506520505

505502504502

Roads, Bridges, Ferries, Rivers, &c.overseer, appointed by commission-

ers . . . . . 503overseer of, penalty for neglecting

posts and boards . . . 506overseer, summons of, what must

specify .... 503overseer to keep in good order and

report to commissioners of com-pany's neglect . . . 514

overseer to measure and set up mile-posts . . . .506

person filling vacant commissioner-ship liable as original . . 505

public, crossed by rail-road, to bekept in good order by compa-ny .... 513

public, which are . . 500public, who liable to work on . 503repairing, company neglecting to act

for 50 days . . .514repairing, company neglecting, to

be notified . . .513second section, act of 1799 in force 507stumps and trees, bow cut , . 501through uninclosed lands to be paid

for . ... 519timber used on . . . 504toll on, Jersey wagon same as cart . 512through grounds, how grievances

redressed.... 500width of, and causeways . 504

Road-hands, defaulters to be returned 504excuse may be made . . 503executions against, constable col-

lects fines.... 503extraordinary calls upon . 516fines of, how disposed of . . 503how excused , , . 516

how many required . . . 503

length of time required to work 503

neglect or refusal, penalty of .516overseers not witnesses against, ex-

cept as to summoning to work . 504overseer of, fined for default . 504owner furnish list of . . 503penalty for refusing to furnish list of 508

for refusing to appear andwork . . . 503

li'ortus.

—

Roads.

Appointment of overseer . . 508of receivers . . 511of road commissioners . 507

Commissioners, notice to overseer 510First sitting of board of commission-

ers . . . . . 608List of defaulters returned by overseer 508Notice to an obstructor of the road 510

defaulter . . . 508negliijent overseer . 510

Oath of defaulter . . . 509Order establishing the road petitioned

for 511Petition for a new road . . 510Report of reviewers (on back of order

of appointment) . . . 511

INDEX. 875

Roads, Bridges, Ferries, Rivers, etc.

Second sitting of the board of com-missioners .... 509

Writ of scierifacias . . . 509

Vorms.—Bridges.

Affidavit of president of rail-road . 515

Bond of public bridge-builder . 517

Establishment of a public ferry . 518Notice to the overseer of the obstruct-

ed road . . .515to president of railroad com-pany . . . 514

to rail road company of dam-age done . . . ^22

to undertaker of public bridge 517Overseer's report . . .515Public ferry bond . . . 518

ROAD-HANDS. [See Roads, 8fc.-]

SCHOOL FUNDS, l^ee Academies, Sfc.-]

SERVANTS NOT SLAVES.age, how determined . . 773assignee, how bound . . 774clothed when discharged' . . 774contracts, how enforced in this State 773

with white servants madeabroad . . . 773

how long bound . . 773iudentures assignable , . 774

executed in foreign countries 773master may not turn away sick . 774may own property . . 774other contracts for further service . 774power of the court . . 774remedy against master for ill-treat-

ment . . . 774of master against servant . 774

servants, how to be treated . 773sick to be provided for . . 774

SETS-OFF.plead and allowed . . .97

SHERIFF AND DEPUTY.bond and security, purchaser of life

estate to give . . 77mortgaged property to give 77

bond filed in clerk's office . 77for titles given, land how sold 74

claimant, property left with . 75county-line dividing, lands may be

sold ... 74defendant, imprisonment of, where 74forthcoming bond in claim . 75growing crop may be sold with land 73

not to be sold separately . 73sold when debtor absconds 73

hours of sale . . ,76jailer's bond and security . 70

fees . . ..72'

oath of office . . 70lien prior to any other judgment . 74mortgagee's affidavit . . 77other counties, land in, may be sold 74

Sheriff and Deputy.party to make affidavit . . 77plaintiff, bond transferred to . 75property levied on, sold in county 74purchaser failing, property to be re-

sold .'. . 77

sci. fa. how directed and served 76sheriff, absenting may be ruled . 71

administrators of, remedyagainst deput}^ . 67

and coroner put purchaser in

possepsion . .72and deputy, not to purchase

at their sales . . 61assistance, may command . 67attachment, subject to . 68bond and security . 67bonds of, who authorized to

take ... 76certain cases, liability in . 68Chatham co. excepted, act of

1818 ... 72death of, deputy continue to

act ... 67deeds to, purcliasing at his

own sale, null and void . 71duty in attending court . 67executions for or Hgainst,

served by coroner . . 74expenses of, in punishing pris-

oner, infr court to pay 72fees, additional allowed . 70fire, blankets, etc., furnished

to prisoners . . 72following property, addition-

al fees for . . .75forthcoming bond declared

legal ... 70incoming to finish up business 68interested who may act . 71jail and prisoners must turn

over to successor . . 67jail kept clean . . 72in claim cases . . 75land levied od, notice given 73liabilities and duties of . 68mal-practice, liability for 68misdemeanor, guilty of, pen-

alty . . .71* must furnish medical aid to

prisoners . . 72must keep execution docket 66neglecting duty, to be fined 72not to act as constable . 76not to practice law . 68not to sell land out of his

county . . .73oath of deputy . . 67oath of office . . 67plaintiff's right not affected

by forthcoming bond . 71slave levied on and employed

by, feed not to be paid for 71unfinished business to suc-

cessor . . 67strangers to suit, writ of possession

not issued against . 73suit on sheriff's bonds without order 75

876 INDEX.

Sheriff and Deputy.writs copied and issued 20 days be-

fore court . . 75extension of time for serving 76to be served when . 75, 76

Forms.Affidavit of mortgagee . . 77

remainder-man . . 78Bond of purchaser of life estate . 78

to return mortgaged property 77Deputy sheriff's bond , . 69

sheriff's oath . . 69Jailer's bond . . .70

oath . . . . 70Sheriff's bond . . .68

notice of levy . . 73

SLAVE AND FREE PERSON OF COLORaccused, master concealing, howpunished . . . 598

act of 1768, how construed . 603of 1801, to be enforced . 617of 1801, how construed . 612of 1811 applies to . • 607of 1818, fines, how recovered 615of 1849, renewed . . 689of 1852 repealed . . 639

allowance for, provided for , 600all persons assist in carrying out act 697amount of relief recovered of owner 610arrests and trials, as act of 1811 . 611attempting to be set free, sold . 613bond delivered to complainant . 632

form of . . . 631no complaint against, to be

delivered . . . 631remain in office four months 631

bringing such, penalty for . . 628by-standing, may be required to in-

flict punishment . . . 598cannot be manumitted, only by

legislature . . . 605capital cases . . . 607

must be committed . . 607capital offences by, designated . 620certain vessels of adjoining States

not included . . . 632certificate of registry, clerk's fees

for . . . . 619transferred to another, pen-

alty . . .619certiorari issued when party dissatis-

fied with judge's decision . 621claimant to make oath . . 627competent witnesses, who are on

trial of . . , 597complaints, how made, . . 631corporation, general powers of . 624

receives pay for sick . . 624corrected on the spot . . 597cost of prosecutions of, how paid . 604cruel treatment of, how punished 635damages allowed . . . 596deeds of manumisf-ion . . 605demanded of owner . . . 600description of, corporation receive 624destitute, inferior court must relieve 660

Slaves and Free Persons of Color.druggist employing, how punished 628duty of court in passing sentence

upon . . .618of grand jury in capital cases 634of solicitor-general in capital

cases . . .634escaping through negligence, jailer

answerable . . . 600executed, State not liable for , 604false information, giving, punished 597fees for constable . . . 598

jailer, how collected . 636

fi. fa. for costs issued . . 598fines, how recovered . . 605fire-arms, forfeiture of . . 595

how forfeited . . 599in possession, any one may

seize . . . 595on Sabbath, not to carry 595owner of, notified of seizure 595patrol may seize, in negrohouses . . . 595

fire dwelling-house by night, capital

offence .... 621

firing dwellings, how tried . 621

fugitive, liability of constable andjailer refusing to receive . . 601

follow condition of mother . 595form of oath of owner . . 60243d sec. act of 1770 repealed . 6

from non-slave-holding State not to

enter this . . . .627fugitives delivered to constable or

jailer . . . 600returned to owner . 599

further proceedings suspended . 621

goods of, restored to owner, how 602

seized and forfeited . 601

how offence is charged in indictment 604if mothers, oft'spring slaves . 595illegally imported, governor take

possession of . .611how sold . . 611

turned over to colonization

society . . . 611

importation of, restrictions removed 641

inferior court deny registration to 628courts have jurisdiction . 628receive bond . . 631

infirmary for, corporation appointcommittees . . 623

elections omitted, not to prej-

udice . . .624former appointments con-

firmed . . 630for, incorporated . . 623officers when elected . 623

majority fill vacancies . 630information corroborated . 597informing against another to be re-

warded .... 597in other counties, sold there . 637

insane, arrested by warrant . 636committed to jail . 630

costs, by whom payable andhow collected . . 636

fees for keeping, to jailer 636

INDEX. 877

Slave and Frek Pkesox of Color.insane, owner giving security have

care of . . 636owner or guardian have notice 636

jailer discharging, after notice, liable 633duty to fugitive . , 600

judge pass sentence . . 635judgment for defendent . . 596

plaintiff . . 596justice's certificate entitled to reward 597law, persons attempting to defeat,

how ponishe-l . . . 615liability of persons making wills for

manumitting . . 613manslaughter by, bow punished 618manumit, penalty for attempting to 605

may be detained . . . 600may trade, if permission had . 602mileage how collected . . 600mode of proceeding for murder of,

as for white . . . 604mother and child under 5 years not

separated . . . 6Z1more than one complaint, copies to

each .... 632must be advertised . . 600not allowed to appear, master pun-

ished . . . . 598not to administer medicine . 598not taught to write or read writing 603not to beat drums . . 603

be employed by druggists,

when . . . 628be tried twice . . 608carry fire-arms . . 599congregate . . 604labor for themselves . 605hire house . . 603sell or purchase without .

ticket . . .618work on Sunday . 603

number of man, not to travel . 603offenders, how punished . 598or free persons, harboring runaway,how punished ; . . 601

owner applying, net proceeds paidhim ... 622

first notified of seizure . 699of vessel failing to comply,misdemeanor . . 632

of vessel liable ; if no bond 632penalties increased . . 612penalty for selling without ticket 618permit, what contain . . 602persons chartering vessels, to give

bond and security . 630furnishing pass, unauthor-

ized, fined . , 596letting house to, how punished 603refusing- to obey, how punished 597while securing runaway, re-

ward by public . . 601

plea of general issue allov/cd . 596poisonous drugs not to be vended by 628presiding judge, duty of . 605presumption against plaintiff , 596proceedings against . . 607

clerk to record . . 607

Slave and Free Person of Color.proceeds of sales of, how appropriated 612

how disposed of . . 614how appropriated . 613

proof, burden of, on plaintiff , 596property considered escheated 614prosecutor of, none, what may be done 635punishment in cases not capital 607refractory, may be corrected . 596registry of freedom, notice of appli-

cation .... 619regular packets, give bond annually 631

regulating sales of, in cities and towns 634returning fugitive to owner, bond

not forfeited . . 632reward paid for taking up . . 600run-away, fee allowed for taking up 635

jailer retain, until reward paid 632

jailer to advertise . 622

how advertised by jailer . 634

not claimed, advertised bysheriff... 622

sheriff write to owner . 622

taken up, to deliver within 4days . . . 635

searches made for fire-arms in pos-

session of . . . 597sentence and punishment of, how in-

flicted ... 611

sheriff to punish, for capital offences 598sold, owner refusing to pay expenses 601

still in slavery . . . 605striking white persons, how punished 599striking white person, if command-

ed, excusable . . 599suing for freedom, how to proceed 595suit, how commenced . . 632taken up and whipped, when . 602taker-up of, mileage allowed to . 600teaching others to poison, both pun-

ished ... 598trade, rewards for suppressing . 617trial how conducted . . 635

of, all summoned to appear 598of, who may be v^itnesses 610

unclaimed, sold by sheriff . 622under control, may be employed by

druggist.... 628unlawful meetings of, broken up 597upon non-suit, plaintiff pay costs 603ward of plaintiff' not to be abusedby defendant . . 596

what crimes considered capital . 610of, declared capital . 618

where, may carry fire-arms 594, 599ten or more, a white man 628

who exempt from penalties . 618wills and contracts for manumission

void.... 613without pass, how punished . 596witnesses who may be . . 635written tickets or pass, must have 595

Free persons of color, act of 1811, ap-plies to . . . 607

act of 1818, howcarried into opera-tion . . . 615

1818, partially repealed . 617

1829, portions repealed . 638

878 INDEX.

Slave and Free Person of Color.

act of 1854, applies to incorporated

places only . . . 638

advertised . . . G13annually registered in office of in-

ferior court . . . G13

answer of claimant . . 615answer read as evidence . . 615appeal allowed . . 62G

arms to be sold . . . 625

attorney and solicitor-general to

prosecute . . . 619

captain's bond and security . 619

conditions of . . . 620

how sued upon . . 620duty on arriving in certain

ports . . .620unlawfully carrying away . 619

case wlien tried . . . 626certain, exempt from penalties . 637

bound out . . 606. certificate . . . . 614

obviate necessity of registry

iu other county . . 637children of, to whom bound, give

security . . . 638to be bound out • . 638

clerk's fee for service . 613clerk file proof . . . 627compelled to perform public work . 614continuance allowed . . 626construction of act of 1818 . 615defaulters, certain, how punished . 637defaulting, how relieved . 633, 637discharged, if found free . . 630examination reduced to writing, and

returned to superior court . 629exonerated from past liability . 617expense of publication . . 614fire-arms, not to carry . . 625governor may not commute punish-

ment of . . . 611may pardon, act repealed . 610

guardian's compensation . 606guardians may resign . . 620

not liable to debts of ward 60Gof . . . 606

held iu slavery, proceeding for relief, 629how provided for . . . 606ill-usage, how remedied . . 600inveigling slave, how punished . 610issue, trial and appeal . . 630jurisdiction of court . . 615jurisdictiou, what court has . . 625lose their rights, under certain cir-

cumstances . . .*627

master and owner of vessel, whenliable . . . 638

selling apprentices, how pun-ished . . .638

masters of vessels, what must do . 638minors excepted . . 617, 633, 637neglect to register, further, how

punished . . . 633not complying with act, how dealt

with . . . . 614not purchase and possess slaves . 614not registered, to leave State . 627

Slave and Free Person of Color.not to come into State . .612not to be enslaved . . 618not to leave vessels within certain

hours .... 619not to trade with slaves . 612oblii^ations, how filed and acted on 614otfences punishable at discretion of

court . . . 610offenders, how punished . . 625penalties against, how recovered 624penalties in port, how sued for . 620penalty on clerk for neglect . 627perform public work how many days 614preaching, penalty for . 625preach, must not, without authority 624proceeds of sale of firearms, how

applied . . . 625prochien ami, file his petition . 629

give bond and security . 629

give bond before commencingproceedings . . 629

proof necessary to procure certificate 627

property, certain, not forfeited . 617prosecution repeated every 20 days 612punished as slaves, for harboring

slave .... 626

register where guardian resides 637

registry questions of, appealed upon 615requirements of statute, mutit per-

form .... 617

seamen remaining after ship sailed

may be prosecuted . . 61B

set at liberty, on verdict in his favor 626

sue and defend next friend . 620suspected houses searched . 626

under fourteen, not subject to pen-

alties .... 633unlawfully held in slavery, proceed-

ings .... 626,629violating act of 1854, punished . 638

warrants returned and acted on 615whose favor, statute not to operate

'

637

written order, must have, to obtain

credit . . . 624

Application for registry, by free per-

son of color . • . 616Affidavit to obtain a warrant against

free person of color . . 607Certificate of registry . . 617Exceptions . . . 621

Jailer's advertisement for runawayslave .... 622

Judgment rendered by the justices 609Notice of application for certiorari 622

to associate justices of peace 608to the jailer by the taker-up 633

Order of court, in chambers . 616

Permit to purchase, under statute 618Petition by free person of color for

a guardian . . . 606Petition for registry as a free person

of color . . . .616Pteturn of the constable on the war-

rant .... 608

Sale of runaway slave . . 633

INDEX. 879/.-

Slave and Free Person of Color.Suiipoena for witness . . 608

Warrant a<^ainst free person of color 608

of commitment . . 609

Written permission to sell articles 604

SOLICITOR-GENERAL. [See Attorney, Sfc. ]

SPECIALTIES, BONDS, BILLS.Bills-of-exchange, act of 1 823 extended 95

damages recovered . . 95dishonored, damages allowed 95

foreign, returned protested 95

interest recovered . 95

Bonds, notes, etc., days of grace whennot allowed . . 94

holidays not to be counted 94negotiable . . 93negotiabiiit}- may be restrain-

ed . . . .94rule of valuation for specific

article . . . 94specific article, contract for,

how settled . . 94

Check . . . . .90Foreign bill of exchange . . 96.

Inland bill of exchange . . 96Note for specific articles . . 94Prommissory note, joint . . 96

joint and several . . 96

payable to order . . 97

SPECIAL POWERS SUPERIOR COURT,[See Superior Court, >S|T.]

STATE AND COUNTY OFFICERS.County otiticers, appointments by whom

made . . .' 364, 365ai^pointment how made and entered 873authority of county and town to

fill certain vacancies . . 366bond and security to be given . 373case of tie, governor to appoint . 362certain acts of sheriffs made valid 364certain judicial and ministerial acts

made valid . . , . 364contested election, governor's com-

mission . . . 371copy, under affidavit, prima facia

evidence .... 375deputy-sheriff may be ruled . 373election fur justices, where held . 365

of . ... 362, 363bow conducted . .362

ex-officers failing to turn over, maybe sued . . . 372

subject to order of court . 363turn over to successor . 372

inferior court to appoint treasurer . 366informalities in sberifl's bond . 863in other counties may act in certaiu

cases .... 372justice of inferior court how elected 365liability of, having moneys in hand 375must advertise sales, etc. . 374

not change advertisement . 375

State and County Officers.notaries' clerks' fee for registering

names .

inferior court appointnames to be registered

oaths in new counties

omission of, not to invalidate

acts

to be taken, by civil andmilitary

to be taken as to publicmoneys .

officiate, ad interim

offieer pay 20 per cent, net onmoneys

prisoners not to be ironed .

public moneys, hold^t of, not to becommissioned

qualify within teu daysremoved by governorresignations to be provided for

returns may be traversedto be njade on oath .

rule absolute, lien upon property of

in vacationto be comrnissjonedspecial officers appointed in certain

cases ....vacancies hovv filled . . 362,

of justices filled

what, may administer oathvt'hen apply for their commission 362,

compelled to pay execution, to

have control .

who are voters

County Surveyor, amount of bondmay administer oaths

bond and security of

book may be inspected

clerk of inferior court, when acting

for, to give bondexecution may be issued against .

exhibit to grand-jury .

keep book, etc.

oath of .

pay order of inferior courtsheriff and other officers to paymoney to .

to give receipt

Sheriff, court to pass order givingcontrol

defendant escaping, officer liable

failii]g to keep docket, how punishedin case of tie, another election

term of office .

to have control oi fi. fa. whenvacancy in office of, and other ofiices,

provided for . . 868,

Central Bank, officers' salaries re-

duced ....Comptroller-General, accounts against

State to be audited .

accounts audited, governor maywithludd pay in certain cases 354,

accounts with treasurer

hovv keptagent's accounts to be audited by

must make report .

366366366372

364

364

365362

372876

365303362365374374374373365

373365372

365

374362369370366367

360367867367366867

366367

874or-oo/ o

3738683(18

360

354

355352353354

880 INDEX.

State and County Officers.and treasurer responsible for illegal

payments . . . 352

annual report, what it must contain 352appropriations unexpended, ac-

counted for . . . 35]

approval had before treasurer makespayments . . . 352

attorney and solicitor-general mak-ing default . . . 353

banks, etc., to pay drafts . . 352bond and security of agents . 354defaulters, suits on bonds of . S55defaulting agent, proceedings against 354

353353355351

353353

353357

352352351

tax collectors

20 per cent, paid byduty of agents heretofore appointed

defined .

sheriff, liability for default

evidences of debt to State

execution against defaulting tax-col-

lectors ....give bond and security

governor suspend tax executions,

how far ....over-drafts not to be approved .

powers transferred to

revenue laws, suggest amendments to 352salary of . . . 354, 360

reduced . . . 360

tax executions issued by . . 353unqualified collector, when indictable 354warrants how approved . .. 353

Governor, salary of . . 361

Governor and treasurer, appropria-tions, books of, to be kept

funded debt, book as to

Governor, comptroller-general, andtreasurer, appropriations un-drawn ....

bonds and coupons paid, where filed

governor's warrantsinterest, where paid

public debt, funds applied for

must report to legislature

schedule of bonds, etc.

kept by comptrollertreasurer

State bonds, interest, etc., report as

to .

stocks pledge for payment of public

debt ^. . . .

treasurer and comptroller's report

to governor . . . 356, 357

treasurer's deficiency report . 356duty of . . . 356

must submit estimates . 356report new objects of taxation 35S

Western and Atlantic rail -road, ac-

counts of ... 356Judges of superior court, salary of 301

Judge of supreme court, salary of . 36]

Penitentiary, officer's salaries reduced 360Public library, $1000 to increase . 361Public librarian, salary of . 361, 362Public officers, governor may dismiss 361

over-payments, how drawn and re-

ported . . . 361

355355

356357356356356356355

355

856

357

State and County Officers.securities relieved by governorsecurity, insufficient, bow remedied

Secretary of State, certified copies

evidencegive bond and security .

State printer, act of 1854 re-enacted

amounts to be paid .

bills to be printed on writing paperbond and security ,

compensation reduced .

compilers, governor to appointmust read proofduty of . . 359,

compensated by order of governordelay, governor may deduct for

delivering MSS., time for

dimensions of pageduties faithfully performed .

duty of .

enters on duty 1st Novemberextra pay allowedhold office two yearshow printing executed .

laws and journals, governor may in-

crease numberlaws to be boundnumber laws and journals to be

printed

printing to be by order .

done in State .

protracted delay, governor may dis-

miss for

quality of papersalary reducedstatute-laws, how printed

size of type .

what he must print

work to be done at seat of govern-ment ....

Surveyor-general, give bond and secu-

rity ....salaiy reduced .

Treasurer, give bond and security

quarterly report to be on oath .

salary reduced

Forms.

Affidavit of the attorneyCaveat in land-court

Clerk inferior court's receipt .

County-surveyor's bondCounty-treasurer's bondCounty-treasurer's certificate

Demand ....Oath of chain-carrier

Oath of county surveyorOath of county, treasurer .

Warrants to county surveyor .

361

361

357357360358359358360360359

360359359359359359357358359358358

359360

359358358

359359360360359358

358

357360357357360

375371368369367368375370370368870

STATUTE OF FRAUDS!assignments of trusts to be in

writing . . . . 766considered, need not be expressed

if promise to pay is in writing 767

dev sed interests inlands, how revo-

cable .... 765

INDEX. 881

Statutes op Frauds.devises of land to be in writing, and

attested by 3 or 4 witnesses . 765estates for life of another devisable

and regarded as assets . . 767lands held independent of trustee 766

liable to execution against

cestui que trust . . 766leases not exceeding 3 years, ex-

cepted . . . 765of estates of freehold cannotbe created by parol . 765

no heir become chargeable out of

his own estate, by reason of this

act .... 767parol leases of freehold same effect

on estates as will . . .765promises and agreements void, un-

less put in writing and signed byparty making them . . 765

trust by implication of law, ex-

cepted . . . 766estate shall be assets in the

hands of cestui que trust . 766interests in lands must be in

writing . . . 767

STOCK-HOLDEKS.vidicals.]

[See Banks and Indi-

SUPERIOR COURT.adjournment of, by clerk . 28, 32

from providential causes . 32arrest, witnesses free from, on civil

process . .

• .28books and papers must be produced 28

plaintiff failing to produce,

^ non-suit . . .28defendant failing to produce,judgment by default 29

continuance allowfd . . 29court, jurisdiction of . .28

failing to meet, what to bedone . . .28

record of . . . 28to be held twice a year . 28

judges, time of election 162juries to be drawn for adj'd terms 28lost papers may be established . 29

mode of establishing . 29notices, how and when served . 29return false, mandamus absolute to

issue . . .32may be traversed . 32must be on oath . . 32of officer to mandamus must

be on oath . . 32special powers of (see chancery) . 163terms, adjourned must be held 28

Forms.Copy note . . . .31Notice to produce books . . 29Petitioner's affidavit . . .31Petition to "establish destroyed note 30Rule absolute . . . .31

nisi., by the clerk . 31Writ of mandamus -, . .34

Superior Court.Writ of mandamus, order of the judge 33

petition for . . . 33return to . . . 34verification of the return . 35

SUPERIOR COURT, CLERKS OF. [SeeClerks, <^c.]

SUPERIOR COURT, JUDGE OF. [SeeJudge of, <^c.]

SUPERIOR COURTS, SPECIAL POWERS.act 1854, application of . . 177

construction of, by courts 177amendments, answer may be waived 177

may be made . . . 177answer, exceptions to . . 177

of non-resident party, howtaken . . . 174

appeal in equity causes . . 170auditor costs, how paid . , 178

may be appointed, when . 178must report . . 178

bill, answer to . , .163how and when served . 163taken pro confesso . . 163served 30 days before court . 177that must be read and sanc-

tioned . . . 166bond given by complainant . 166books, production of required . 170case for trial . . . 163causes, when tried . , .177cross-bill.... 177decree passes title . . .169demurrer . . . 177

overruled, defendant must an-

swer "... 177distribution of estate, one distributee

may require . . . 169equity powers and proceedings . 163

precepts, publication howmade . . . 169

inability of complainant, wrlt^ toissue . . . . 166

judge interested in suit . . 171judgment, how far extends . .176orders and decrees in cbamberSp

chancellor may pass . 176clerk must record . 176

orphan's property, remedy against

running off . . . 171parties, all must be named in bill 169

all of company not made . 176examined by commission 177examined in open court 177may resort to equity . 176not compelled to institute

suits in chancery . .175proceedings to be by bill . 163receiver appointed in vacation . 166replication and order not necessary 177respondent must have time to answer 177security, defendant failing to give 171

defendant may give . . 171new or additional, in case of

insufficiency . . 173

882 INDEX.

Superior Court, Judge of. Supreme Court.specitic performance, decree for . 169 causes, criminal . . • . 14trustee, estate of, liable to waste 176 civil 14

in possession of property, may- to be determined at flrst termcontrol 176 13 15

writs of ne exeat^ defendant in, to give cases, how carried up 21security 172 clerk, appointment and removal of 16

joint obligor may have . 171 general duties of 16security may have against fel - may appoint deputy, his du-

low-obligor . 171 ties . . . 16may issue . 170 of superior court may be pun-reversioner may have . 173 ished for contempt 20

office where to be kept . 16Forms. costs, attorney bound for . 16

Affidavit of complainant 167 how taxed 23where judge interested . 172 time allowed for payment 18of remainder-man 174 damages in affirmed cases, ten per

Bond given by defendant . 172 cent. 15given by plaintiff 171 when not allowed 15of defendant in ne exeat . 173 death of defendant provided for 22of person or possession 174 or removal of judge superior

Commencement and conclusion of an- court, what may be done . 20swer 165 decisions of the court, how made

of bill 163 and certified 15Complainant's bond . 166 not to be reversed or changed 28Demurrer .... 164 obligatory on court below . 15Disclaimer 164 on record . 14Oath of defendant to his answer . 165 docket, how arranged, and noticePlea .... 164 given .... 21Quia timet .... 168 fees, how paid 19Sanction of the judge . 167 only for actual services 18Writ of injunction . 167 facts not to be controverted 14

ne exeat 168 judges, attendance of all 13subpoena . 163 attendance of only one, his

duty 13SUPEEME COUKT. commission of 13

act of 1845 partly repealed . . 24 salary 15adjudication of cases in supreme term of office 13

court . . . 15 three . , . . 13amendments, what may be made anc I to be sworn 16when 19 vacancy, how filled . 13

argument of counsel not to be re who eligible 13ported 19 oaths of clerk and reporter . 17

assignment of error unnecessary 22 officer refusing to do his duty, man-attorney-general, fees of 19 damus may issue against him 15

must attend 17 one continuance may be allowed 20bills of exception, absence of judge operation of act of 1852 20

superior court 22 opinions to be recorded by clerk 19amendable 18 order to carry case up may be issuedex-judge superior court musi by any judge 24

sign 20 parties, how made 23bow formed 14 to writ alone necessary 17inability of judge of superioi party, non-resident, need not givecourt to sign 24 security 17

judge superior court must sign 14 security not a 17notice of signing 14 pauper cases, criminal, fees how paid 23original to be sent up 19 powers of the court, in certain cases 17presented and signed 21 recognizance in criminal cases 14served 21 record, failure to file . 17service of notice . 14 of court below need not be re-

time allowed for service of 18 corded 18to be submitted within thirty to be evidence 16

days 14 remitter .... 18transmission of by clerk oi reporter and assistant's duty 18

superior court 21 appointment of . ' . 16what unnecessary 22 his duty . 16

bond and security in civil cases 14 may appoint assistant 18causes, how carried up . 14 may practice 18

INDEX. 883

Supreme Court.reporter's salary, when paid . . 18

reports, book of, to be published 16

copies to be furnished . 16forfeiture for neglect to pub-

lish . . . .16returned cases, when for trial . 20seal of the court . . . 17

security failing . , . 16insufficiency of . .16inability to give, may file affi-

davit . . .17sessions of court, times and places

for holding . . .20sheriff, county, to attend court . 15

fees . . . .15solicitor-general, fees of . . 19

must attend . . .17supersedeas ... 14

in unbailable cases . . 14supreme cout established . 13transcript of record sent up . . 14writ of error ... 21

judge superior court, certifi-

cate of . . .21other proceeding unnecessary 22

writs, etc., amendable . .19Forms.

Bill of cost . . .27Bill of exceptions... 24

acknowledgment of service ofcopy . . .25

affidavit of inability to paycosts . . .26

bond in civil case . 25bond in criminal case . 26clerk's certificate to transcript

of record . , .26entrv of time of filing in of-

fice . . . .25judge superior court's certifi-

cate of . . 21, 25Judgment of the court below .- 27Remittitur . . . . 27Supersedeas , . , .26TAX.County-tax, act of 1835 made general 673amount of, on shows of each descrip-

tion . . . .671certificate to jurors, clerk to issue . 670certificate to showman . . 672certificate to showman, clerk's fee 672clerk pay money to Co. treasurer 672county treasurer must pay . . 670collectors must collect . . 670collector's pay . . .671complaint on oath against property 672corporate powers saved . . 672collectors give bond . . 671extra, levied and how collected . 670

must be recommended bygrand jury . . . 671

fines, how appropriated . . 670fines, how collected . . 670how fine imposed to be distributed 672how appropriated . . 662

Tax.municipal laws not abrogated . 672shov/ in incorporated town, tax to

go to corporation . .• 673

showman fined, what amount, etc.

670, 671violating act, penalty for . . 672

Tax-act of 1804, partly repealed . 6461804, and consistent acts per-petuated . . . 653

1804, perpetuated , . 6451850, re-enacted and amend-

ed .. . 6671852, partly adopted . 662saves city of Savannah . 6561856, amended . . 666Feb. 26, 1856, repealed . 666partly repealed . , 665made perpetual . .661

accounting with treasurer, col-

lector's duty . . . 647additional oaths of receiver . 669agencies of foreign banks . . 686agents give in returns and pay . 643amount of and rate of assessment . 660

of execution . . 651articles to be returned, explained . 668attorney of non-resident, how pay 640

when again liable . . 641bank and rail- roads . , 661bank stock, highest amount return-

ed .. . 651blank digests to be furnished . 666bond of collectors, where recorded 664certificates of entries made evidence 665claims, how tried . . 646, 663

to property levied on, allow-ed . . . 663

classifying returns . . . 660clerk's duty in making returns 644, 668

fee, in case of defaulter . 642of inferior court receive re-

turns . . 644,668collector, attendance in captain's

district . . . 640bond and take oath . 640, 667bonds, amount of, recorded 662compensation . . 666

• demanding more than lawful,

penalty for . . 642duty . . .646enter defaulters in book . 667executing prop'y, when liable

to forfeit . . .650j^. /as., how collected . 662illegally acting, penalty for 640how and when give bond and

security . . 640, 652oath of . . . 667search out defaulters anddouble tax . 665, 667

when pay over money . 664who to lay insolvent list be-

fore . . .666collect lax, who must proceed to 6 48conveyances to avoid paying, void 641consistent laws continued in force 666commissions to receiver and collector 655

884 INDEX.

Tax. !

compensation to receiver and col-

lector . . . 657, 661

comptroller-general allowed to em-ploy counsel . . 668

receipt before pay to receiver 647settle up business . . 664may be used . . 652

deduction in favor of receiver andcollector . . . 657, 661

defaulters double and treble taxed 654give in to inferior court . 642,644make returns to clerk inf. ct. 645

list of, made out . . 647

returns, clerk's fees . 645defaulting collector, security of, not

to be sheriff . . 649subject to 25 per cent. . 652sheriff, proceedings against 651property, double tax . 664

digest to be delivered to receiver 648when to be returned . 654returned 1st August . 663

disputes, how settled . . 669double assessed . . . 648duty of comptroller . . 660errors to be corrected, by whom 655estates of deceased persons, when

relieved .... 654excess of tax remitted . . 647exceptions in returns . . 651execution against defaulting col-

lector ... .652executions against defaulting banks 651

for county tax . . 646, 652

executor or adm'r, when must pay 641expiration of time for receiving re-

turn, notice of , . 648express companies . , . 668

failing to make returns, whatdone . . .668

amount of executions . 668failing to elect receiver or collector,

what done . . ' 655false returns, double tax . 654four-fold, inferior court remit . 648

repealed . . . 648$400,000 to be raised annually . 662

4th and 5th sects, of act 1850-1851continued . . , 661

free persons of color hired out for 650taxable . . .659

governor to pay for printing laws 669incorporated banks to pay . . 650inferior court assess tax to pay jurors 663

make necessary rules . 643or grand jury allow insolvent

list

.

. . .664insolvent list, amount allowed, how

stated . . .666amount of, when refunded 649collected, how paid . . 666executions on . . 666how allowed . . . 648when allowed . . . 666

insurance companies pay 1 per cent. 667justice of inf. court not to be coll'r 646justices of p . make returns to rec' r 653

Taxland surveyed, not granted, taxable 659

laws, digested, printed and distrib-

uted . . . 669

etc. turned over to successor 669priced by comptrollor-gen. 669

levy executions, how sheriff must 651

on perishable property, howadvertised . . . 652

limitations of action . . 641

lottery, manager of, what to pay 667

lottery-tickets, selling without au-

thority .... 667

manner of making out digest . 660

mining companies, where to pay . 663

mistakes corrected by, shown .

moneyed and stock corporations lia-

ble . . . . . 659

money not paid over, refunded . 655

collector must proceed to collect . 654

mortgagee to pay, mortgagor failing 641

names of persons garnisheed, to bereturned .... 665

"no-fraud" when juries find . 667

no judicial interference allowed . 642

nominal slave taxed $150 . 656non-resident buying goods, to pay . 642

not collected after two years . 648

on foreign banks, how collected . 657one-twelfth of one per cent, too

much, what done . . 661overpaid amount, refunded by the

State . . . .655payers, oath of . . . 668penalty for neglect . , . 653

how recovered . . 641refusing to give in . . 641

personal estate defined . . 659

persons paid in one county, relieved

in another . . . 650removing, what done . 641

plantation sold neglected to be re-

turned, execution against . 656poll-tax .... 659preferred to all other liabilities . 641previous years, how collected . 648process from treasurer, sheriff obey 642professional tax . . . 659property exempted from taxation 659

not in default—previous ac-

tion saved . . . 645of collector all bound, and se-

curity . . . 646, 648proviso in favor of recently appoint-

ed collector . . 647rail-roads failing, penalty . 668rate per cent, increased . . 662

how assessed . . 660real estate defined . . . 659receivers for each county . 639

how paid . . . 640how to receive returns 660oath of . . . 640, 669penalty for false return . 642

receive returns until digest

made on . . 640, 648

subject to order of governor 640

receivers and collectors, election of 639

INDEX. 885

Tax.receivers and collector's duty . 639

duty on failure to make . re-

returns . . . 660refunding, by county . . 656refusing to give in return, receiver's

duty . . . . 64trepresentative of deceased, to pay

tax . ... 664returns made to clerks transmitted

to comptroller and collector 645must be digested . . 660must specify what . 660

rule to be granted to compel pay-ment . . .646

securities reimbursed . . 664sheriff dispossess . . . 647

compensation, in certain eases 649duty of execution . . 646failing, how proceeded against

646, 651give possession of property

sold . . .642pay over money or lose his

fees. . . . 649stallions from other States . 645

slaves, given in, not evidence in in-

dictment . . 656must be returned . 656

not to hire their own time . 656specie funds . . . .661stallions, amount of, on . . 645summons of garnishment . . 664

where returnable . . 655supplementary act of 1852 adopt-ed . . . . .663

time allowed collector . , 654too little collected, how realized 656true value of property to be assessed 669upon rail-roads . . 668what property subject to taxation 659

Forms.Attachment against offender . 673Bond of collector to collect county tax 671Collector's notice to tax-payers . 644Comptroller-general's fi. fa. against

defaulting collector . . 644Execution against the collector . 653Form of garnishment . . . 665Levy on land . , . 658Notice (after time of receiving returns) 645Oath of receiver of tax-returns , 657Oath of tax-collector . . 657Oath of tax-payer . . . 657Proceedings against shows without li-

cense . . . 613under act of 1825 . . 652

Keceiver of tax-return s notice . 643tax-returns notice (default-

ers) . .•

. 645Return by the sheriff . . . 658Sheriff's advertisement . . 658Show license , . . , 673Tax-collector's bond . . 643Tax-collector's fi. fa. , . . 658

TENEMENTS. [See Lands or Tenements.[

TESTATOR, l^ee Executor, Sfc.}

TESTIMONY.act of 1806 revived . . 103

* 1806 revived and amended 1041847 amended . . Ill1847 extended to city courts 111

act of notary, failing to file , 117must be filed . . .117congress . . 118, 119

affirmation, valid . . 102answer, made evidence . .110answer, party failing to, may be at-

tached , . . 110attestations, originals to be account-

ed for . . . 116shall be evidence . 116

certificate of notary public, madeevidence . . . 117

continuance allowed . .111convicts exarnined on commission 102commission, how returned . 107

issued in blank . . 106costs superior court, collected as

usual . . 101refunded to county treasury 101

de bene esse, when allowed . 103deed or grant, not withheld fromjury . . . .115

defaulting witnesses, liable for dam-ages . . . .97

defendant refusing to appear, answerstricken out . . . 113

deputy clerk, acts of, made valid 116secretary of state, acts of,

made valid . . 116discovery at common-law . 106,110evidence, application to judge . 106

blacksmiths' &c., books made 118commission to take . 106certified copies from executive

department . . 120judge's order to issue com-

mission . . 106mode of perpetuating . 106official bonds shall be .116of notary may be had . 117oral, admissible to prove fraud 117oral, inadmissible to prove

deed, &c. . . 117physician's, &c., books made 118retrospective operations . 118tax collector's deed, how ad-

mitted . . . 118fees of commissioner and clerk . 107

females examined by commission 103force of testimony taken by com-

mission . . . 107indorsement may not be proven 116interrogatories, certain witnesses, re-

sident, examined by . . 102interrogatories may be crossed 107

non-resident witnesses exam-ined by . . . 102

legislation of other States, howproven . . . .118

opposite party to have notice of com-mission • . . , 107

886 INDEX.

Testimony.order by the judo^e . . 110papers must be tiled away with com-

mission . . , , 101parol evidence . . . 100party failing to appear, continuance

allowed . . . 112parties may be examined . . 112party may be subpoenaed . Ill

may file bill . . . 110must answer fully . 112

plaintiff, non-resident, how served 111party not to be witness for himself 113

present to testify . .112refusing to attend . 112removing, Avhat may be done 112witnesses, where a county is 112

parties brought into court . 112perjury, if affirmation false . 102plaintiff refusing to appear, cause to

be dismissed . . . 113physicians and school-teachers, priv-

ilege of . . . . 1 13records (A. & B.) legalized . 115

and exemplifications of office-

books, Iiow proven • 119reference without seal, a sealed in-

strument . . . .117religious opinions no bar to com-

petency . . . 101scroll, without reference, a sealed

instrument . . . 117sheriff, official acts of, made valid 116'single witness, evidence by inter-

rogatories . . . 106subpoen I, clerk must issue . 97

Duces tecum • . 99Duces tecum, how served . 99judge net required to sign 99signed by clerk sufficient . 99witness, failing to attend,

penalty . . 99witness may free himself from

liability . . .99suit or answer to be dismissed, when 112

defence may be dismissed . 110taken down and filed . . 112time to answer, allowed . .111vacation, order of judge in . 110weight of testimony, jury to deter-

mine . , . .112witness, attendance till discharged 98

certain, examined by com-mission . . .104

claiming too much . 98failing to attend commission-

ers, what may be done . 104punishable for contempt 105order of judge . 104

fees, enforcing payment of . 98female, refusing to appear 103in causes without the State,

entitled to pay . . 109in this State to testify inanother . . . 108

liability of . . 98non resident, commission shall

issue . . . lo7

Testimony.witness, non-resident, testimony hov/

securedrefusing, may be examined in

his own countyrefusing to testify in another

98

108

State 108State's, to be paid 100superior conrt paid, whether

conviction or not 101

two only to material point . 98

writ, what must express . 97how served . 97proof of service . 97

Forms.

Affidavit of party applying for com-mission lOP.

for commission to take evi-

dence in another State 109on back of subpoena 98of State's witnesses for at-

tendance upon court 101of witness to the subpoena 100

Answers to cross-interrogatories 114direct interrogatories 114

Application of party where watnessresides out of the State . 107

Cross interrogatories . 114Direct interrogatories 114Form of affirmation . 102

Interrogatories—commission 113

Order of judge or justice, of time to

return answer 111

where witness fails to appear 105where witness resides out of

State 108Party's affidavit . . 105Records, clerk's certificate 118

clerk of inferior courts' cer-

tificate 119

judge's certificate 120justice of inferior court's cer-

tificate 119

testimonial by governor . 120

Subpoena .... 98duces tecum 100

of judge 109

THOMPSONIAN PHYSICIAN.sician.l

USURY. \^QQ Interest, S(c.-^

[See Phy-

VERDICT, JUDGMENT, APPEAL,act of 1822, sec. 3d, repealed .

appeal allowed, inability of party

to pay costs, etc.

certiorari allowed to certain

personsdamages against appellant

only, and his security .

frivolous, damages for

from court of ordinary ,

judgment how entered upnotice of, given, to adverse

party .

one of several parties may .

129

123

122

122121

122123

123

122

INDEX 887

Verdict, Judgment, Appeal.

appeal, party dying, representatives

may . . • 122

party making, must pay costs

and give security . . 121

security's remedy against ap-

pellant . . . _ 122

attorney, liability of, for costs in

certain cases . . • 121

damages, interest not allowed as 121

disputes between defendants not to

delay plaintiff . . 125

endorsers, bank notes excepted . 116

notice to, unnecessary . 126

on same footing as securi-

ties 126

paying off note, have control

against maker, &c., if notinterested . . . 127

execution, paid off by defendant 129

judgments and executions trans-

ferred . . .129against endorser . . 127all defendant's property bound

to discharge . . 128bona fide property conveyed

before, not to be levied

on 131

certain, and executions revived 129certain, declared dormant 129confessions of, when and

where made . . 121dormant, how revived . 130execution to follow . 127former, in action of trespass,

no lien . . .129how property bound upon ap-

peal ... 128for amount of verdict . 130of the several courts of equal

dignity . . 128property of defendant, howbound . . .128

stay of execution . 121successive may be had . 130to be considered of equaldate 129

mis-trial, jury to be fined . 121security, discharged, if note not

sued for in 3 months . 127failing in special defence,

what may be done . 126may require collection . 126on stay and appeal, to have

control of ^. fa. . 124paying off fi. fa. to have

control . . 126proof of being, judgment, &c.

to be entered up . 125right of . . . 125to be proved . . 126

special defence made by securities 125stay of execution, security on, to

have control of j^. fa. . . 125verdict and judgment . . 121

appeal against, allowed, . 121in trespass or trover, howchanges property . 129

Verdict Judgment, Appeal.

Fopins.

Affidavit of the party

Appeal Bond .

Judgment

.

Judgment against an executor or ad-

ministrator, where the plea of plemadministravii is sustained

Judgment quando acciderint

Notice by the representative

Notice to officers . . . X28^Special defence by security

Stay bondTransfer of execution

VICE . . . . 49{

WARD. [See Administrators, Guardian,

WEIGHTS, MEASURES, &c.below standard, penalty for selling

clerk's fees for marking . ODlmarked by clerk of inferior court 551

new counties supplied with standard 553no deduction from standard allowed 551notice given as to standard . 552penalty using other . . 552proclamation as to standard . 552

procured for each county . 552

standard of U. S. adopted . . 552governor to procure . 582

violating statute, penalty $500 . 551

WILL, CODICIL. CAVEAT.act of 1852, published . . 757

appeal saved . . . 763after-marriage or after-born child

revokes will . » . . TSG

cannot be changed by nuncupative 762

caveat where tried . . 754

evidence of partv dying out of coun-

ty"

754credibility of witness . . 762

how revoked . . . 757intestacy declared . . . 756

judgments and orders binding 763

legacies in certain cases not to lapse 756legatee competent witness, if re-

ceived legacy . . 762' competent witness, but legacv

void . . .762limitations in, how construed . 763

nuncupative, their requisites . 759excepted . . 757

of certain persons excepted . 762original must be transmitted . 754party dying out of county, probate

of, how made . . . 754personal property, how executed 756personal property, probate of . 757subsequent iudgments, etc. legal 763

22d and 23d, ch. 2 ch. 10 . 762

Forms.Affidavit of witness (on back of will) 760Caveat .... 754Codicil . . . .758

888 INDEX TO APPENDIX.

Will, Codicil, Caveat.Form of nuncupative will

Issue .

JudgmentLetters TestamentaryNotice by the court

759755756761760

Will, Codicil, Caveat.Order ....Order by the court

Written will . . .

WOKSHIP. [See Religi&us W&rshif.]

756761

757

APPENDIX.

,: ..JNATURALIZATION LAWS.Alien's country at war with United

States, cannot be admitted 797dying after declaring widowand children citizens . 797

may become citizens on cer-

tain conditions . . 796children who are citizens . 797conditions .... 796consent of legislature in certain

cases . . . . 797declaration . . . 796

recorded . . . 796district court . . . 797five years' residence in U. S, . 796good moral character . . 796how admitted without declaration

of intention . . . 796

Naturalization Laws.minors arriving at the age of 21

years, how admittedone year's residence in Staterenounce all foreign titles .

renunciation must be recorded

Forms.

Affidavit of character and residence .

Certificate of the clerk, intention .

renunciation of title

Judgment of the court

Oath of allegiance and fidelity

intentionPetition for naturalization

Renunciation of title of nobility .

CONSTITUTION OF THE STATE OP GEORGIA

OF THE UNITED STATES

RULES OF PRACTICE

SUPREME COURT .

COMMON LAW ....EQUITY . . .

796796797797

799798801800799798798800

802

813

823

823

827

838